Zofran

In 2015, Siskinds LLP and Siskinds Desmeules (hereinafter “Siskinds”) commenced proposed class proceedings in Ontario and Quebec concerning Zofran, a prescription medication approved for the prevention and treatment of nausea and vomiting associated with chemotherapy, radiotherapy, and surgeries. These actions alleged that Zofran was negligently manufactured, marketed, and sold to treat nausea and vomiting in pregnant women and without adequate warnings of the risks of such use. The defendants in the action deny these allegations.

Siskinds is of the opinion that the proposed Zofran class proceeding is no longer viable. On this basis, Siskinds filed motion materials with the Ontario Superior Court of Justice and the Superior Court of Quebec to obtain approval of the discontinuance of the class proceedings. The discontinuance was approved by the Courts and took effect on February 26, 2025, in Ontario and on July 31, 2025, in Quebec.

For more information, you can read the notice of discontinuance here.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Zofran class action?

You are affected by the class action and are a “class member” if your mother used Zofran during the first trimester of pregnancy and you were born with congenital cardiac (heart) malformations and/or oral clefts (cleft lip and/or cleft palate). You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person born with a congenital malformation and/or oral cleft).

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.

What should I do to protect my rights?

To protect your rights, you should:

• Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
• Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
• If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms. If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

• Any expenses reasonably incurred for the benefit of the class member.
• Travel expenses incurred in visiting the class member during his or her treatment or recovery.
• Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
• If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1.800.461.6166.

• Notice of Discontinuance 

Quebec

• Application for authorization to institute a class action - 10-11-2015 [French only]
• Stay order of the Quebec action - Superior Court – December 21 2020 [French Only]