LONDON, ON, May 26, 2023 /CNW/ –
PLEASE READ CAREFULLY. IGNORING THIS NOTICE WILL AFFECT YOUR LEGAL RIGHTS.
NOTICE OF SETTLEMENT APPROVAL
A Canada-wide settlement has been reached in several proposed class actions relating to the prescription drugs OxyContin® and OxyNEO®. These lawsuits (the “Proceedings”) raised various allegations against the Defendants and sought damages on behalf of Canadians for harm and injuries which were allegedly related to the use of OxyContin® and OxyNEO®. The Defendants deny the allegations made in the lawsuits, make no admission as to the truth of these allegations and deny any wrongdoing.
This Notice advises you that, following publication of a notice program, hearings were held in the supervising Courts in Ontario, Quebec, Nova Scotia and Saskatchewan on July 18, 2017, August 9, 2017, August 1, 2017 and July 26 and 27, 2022, respectively (the “Settlement Approval Hearings”).
The Courts each issued orders (the “Approval Orders”) approving the national Settlement Agreement (the “Settlement”) as being fair, reasonable and in the best interest of Class Members. The approved Settlement therefore settles all litigation in Canada relating to OxyContin® and OxyNEO®. The Approval Orders can be reviewed at the settlement website: www.oxycontinclassactionsettlement.ca.
WHO IS INCLUDED?
The Settlement applies to all persons in Canada, including their estates and provincial health insurers, who at any time between January 1, 1996, and February 28, 2017 inclusive, were prescribed in Canada and ingested OxyContin® tablets and/or OxyNEO® tablets, manufactured, marketed and/or sold or otherwise placed into the stream of commerce in Canada by one or more of the Defendants (the “Class” or “Class Members”), as well as all persons in Canada who by virtue of personal relationships to Class Members have statutory derivative claims for damages (the “Family Class” or “Family Class Members”). The Class has been sub-divided by region, as follows:
Ontario Class: Class Members whose prescription occurred in Ontario and/or British Columbia;
Quebec Class: Class Members whose prescription occurred in Quebec;
Atlantic Canada Class: Class Members whose prescription occurred in Nova Scotia, Newfoundland and Labrador, New Brunswick and/or Prince Edward Island; and
Saskatchewan Class: Class Members whose prescription occurred in Saskatchewan, Alberta, Manitoba, the Yukon, the Northwest Territories and/or Nunavut.
TERMS OF THE SETTLEMENT AGREEMENT
The Settlement provides for the creation of a $20 million (CDN) Settlement Payment which will be used to pay the claims of provincial health insurers, the costs of settlement notice and administration, compensation for Approved Claimants, and Class Counsel Legal Fees. Payments to Approved Claimants will be made to Class Members who show that they suffered one or more of the injuries described in greater detail in the Compensation Protocol, which are all subject to various eligibility criteria and maximum payment values. Not all Class Members will be eligible for compensation.
The types of injuries that may qualify Class Members for compensation include fatal and non-fatal overdose, addiction and various life complications arising from dependency alleged to be associated with OxyContin® and/or OxyNEO® usage. Compensation will also be paid to eligible Family Class Members. For more information on the eligibility criteria, you can review the Compensation Protocol and the Claims Administration Protocol which are posted on the settlement website: www.oxycontinclassactionsettlement.ca.
PARTICIPATING IN THE SETTLEMENT
To be entitled to a payment pursuant to the Settlement, a Class Member must file a claim with the Claims Administrator on or before the Claims Deadline of February 27th, 2024. A detailed instruction package on how to file a claim, along with a downloadable version of the Claim Form, is currently available online at the settlement website at www.oxycontinclassactionsettlement.ca or you may request a Claim Form from the Claims Administrator by telephone or in writing at the address noted below. Class Members are invited to contact Class Counsel at the coordinates below to receive assistance completing claim documentation. TO BE ELIGIBLE FOR ANY COMPENSATION, CLASS MEMBERS MUST SUBMIT THEIR CLAIM DOCUMENTATION TO THE CLAIMS ADMINISTRATOR BEFORE THE EXPIRY OF THE CLAIM PERIOD ON FEBRUARY 27th, 2024.
If, for any reason, this deadline is extended, any such extension and new Deadline will be posted at the settlement website: www.oxycontinclassactionsettlement.ca.
WHO REPRESENTS ME?
Canada Class Counsel in the Proceedings are:
|Rochon Genova LLP900-121 Richmond St. W.|
|Siskinds LLP1-275 Dundas St|
|Wagners1869 Upper Water St.|
|Merchant Law Group LLP#400, 2710 – 17th Avenue S.E.|
|[email protected]||[email protected]||[email protected]||[email protected]|
Class Counsel’s legal fees, disbursements, and applicable taxes will be paid out of the Settlement. The Courts have approved Counsel fees in the amount of $4.65 million, interest accrued of $637,639.65, plus disbursements of $537,049.41, and applicable taxes, totaling $6,383,067.62.
Class Members may retain their own lawyers to assist them in making individual claims under the Settlement and will be responsible for any fees charged by such lawyers. Fees charged by Class Counsel and Consortium Counsel for such services will not exceed 15% of any individual amounts recovered (please see the Settlement Agreement for the list of these firms).
FOR MORE INFORMATION
The Courts have appointed RicePoint Administration Inc. as the Claims Administrator for the Settlement. Settlement documents, including a downloadable version of the Claim Form, are available at www.oxycontinclassactionsettlement.ca. Class Members can also contact the Claims Administrator by telephone toll-free at 1-888-663-7185.
If you have questions about the Settlement and/or would like to obtain more information and/or copies of the Settlement and related documents, please visit the settlement website at www.oxycontinclassactionsettlement.ca or contact the Claims Administrator at:
RicePoint Administration Inc.
P.O. Box 3355
London, Ontario, Canada, N6A 4K3
Email: [email protected]
This Notice contains a summary of some of the terms of the Settlement. If there is a conflict between this Notice and the Settlement, the terms of the Settlement shall prevail.
This Notice has been approved by the Ontario Superior Court of Justice, the Superior Court of Quebec, the Supreme Court of Nova Scotia, and the Court of King’s Bench of Saskatchewan.
SOURCE Rochon Genova LLP, Siskinds LLP, Wagners and Merchant Law Group LLP