Liability for Opioid Epidemic
Koskie Minsky LLP is pursuing a class action against major pharmaceutical companies on behalf of people in Canada who were prescribed and became addicted to opioids.
The Second Fresh as Amended Statement of Claim, filed on April 30, 2024, alleges that manufacturers of opioids sought to expand the market for, and increase sales of, Opioids by developing a false and misleading new narrative about Opioids. It alleges that the defendants’ campaign promoting the use of opioids for various chronic conditions led to widespread addiction among individuals who were prescribed those medications. It also alleges that the defendants failed to provide proper warnings about the risk of addiction to consumers and healthcare professionals.
The claim is brought by seven proposed representative plaintiffs, each of whom consumed Opioids manufactured by one or more of the defendants. It pleads causes of action in negligent and fraudulent misrepresentation, breach of the Competition Act, and breach of the duty to warn.
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Latest Developments
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July 3, 2024
As outlined below, the Plaintiff issued a Second Fresh as Amended Statement of Claim that named six additional proposed representative plaintiffs in this action, in accordance with Justice Perell’s decision on phase one of the certification motion. However, no potential representative plaintiff with claims against Hikma Labs Inc., Hikma Pharmaceuticals PLC, and West-Ward Columbus Inc. (the “Hikma Defendants“) was identified. The Opioids Action cannot continue against the Hikma Defendants without a representative plaintiff. On July 3, 2024, Justice Perell granted leave to discontinue this action only as against the Hikma Defendants.
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April 30, 2024
In accordance with Justice Perell’s decision on phase one of the certification motion, the plaintiff issued a Second Fresh as Amended Statement of Claim (“SFAC”). The SFAC added six additional proposed representative plaintiffs. The plaintiffs are now preparing materials for Phase Two of the certification motion.
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December 1, 2023
Justice Perell issued a decision on phase one of the certification motion. He ultimately found that if class counsel can find a representative plaintiff with a claim against each one of the Manufacturer Defendants (the pharmaceutical companies who manufacture opioids and against whom this action is brought), the following causes of action will pass the first criteria for certification and can move to phase two of the certification motion: (1) breach of the Competition Act; (2) negligent misrepresentation; (3) fraudulent misrepresentation or deceit; and (4) products liability negligence for breach of a duty to warn. The plaintiff has 120 days to amend his claim accordingly.
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October 17, 2023
As per the judge’s December 12 file direction phase one of the certification motion was heard at the Ontario Superior Court of Justice. At this hearing, the judge considered whether the remedies that the plaintiff seeks are available in law and considered the preliminary motions brought by the defendants to dismiss this action.
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September 26, 2023
The judge issued an order approving the Litigation Funding Agreement in this class action, following revisions to the original draft agreement by both parties. This is an agreement that allows for a third party to provide funding for the litigation in the class action.
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January 12, 2023
On December 12, 2022, the judge issued a file direction bifurcating the certification motion. This means that the judge will hear the certification motion in two phases. In the first phase, the judge will consider if the remedies that the plaintiff seeks from the defendants are available in law. In the second phase, the plaintiff will have to show that the lawsuit should proceed as a class action based on evidence and the commonality of the issues that a judge will have to determine in the lawsuit.
The defendants in this action have told us that they plan to bring preliminary motions asking the court to dismiss this action for two reasons: (i) lack of a viable legal theory entitling the plaintiff to compensation, and (i) the court’s alleged lack of jurisdiction to hear the subject matter of the lawsuit. A preliminary motion is when a party in a proposed class proceeding asks a judge to make a decision about the case before the judge decides whether it should continue as a class action. The plaintiff opposes the defendants’ preliminary motions.
As part of the December 12 file direction, the judge has ordered that the preliminary motions will be heard along with phase one of the certification motion.
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July 15, 2022
Perell J. issued an order dismissing the dismissal and timetables motions on the basis of the agreement reached between the parties. Based on that agreement, the parties will now move towards the hearing of the certification motion in this proceeding.
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July 5, 2022
The parties reached an agreement to settle the dismissal and timetable motions, which had been due to be heard on July 5, 2022.
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June 22, 2022
An Amended Fresh Amended Statement of Claim has been filed by the plaintiff.
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May 6, 2022
The parties exchanged factums on the dismissal and timetable motions, which are due to be heard on July 5, 2022.
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April 20, 2022
The plaintiff has filed his certification motion record.
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February 11, 2022
A Fresh as Amended Statement of Claim has been filed by the plaintiff.
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January 5, 2022
The plaintiff has brought a motion for a timetable for certification. The plaintiff’s motion will be heard, along with the defendants motion to dismiss the proceeding, on July 5, 2022.
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December 21, 2021
The defendants in this action filed a motion seeking to dismiss the proceeding for delay.
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May 15, 2019
The Statement of Claim in this action has been issued.
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July 3, 2024
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News Releases and Reports
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Documents
- July 3, 2024 Reasons for Decision
- June 5, 2024 Order regarding Discontinuance Against Mylan N.V.
- April 30, 2024 Second Fresh as Amended Statement of Claim
- April 5, 2024 Dismissal of Claim as against Kohl & Frisch Ltd
- December 1, 2023 Order of Perell J. on Phase One of the Certification Motion
- December 1, 2023 Decision of Perell J. on Phase One of the Certification Motion
- September 26, 2023 Order of Perell J., Granting Amended & Restated Litigation Funding Agreement
- December 12, 2022 File Direction of Perell J.
- July 15, 2022 Reasons of Perell J., Dismissing Motions based on Agreement
- July 15, 2022 Order of Perell J., Dismissing Motions based on Agreement
- June 22, 2022 Amended Fresh as Amended Statement of Claim
- February 11, 2022 Fresh As Amended Statement of Claim
- May 15, 2019 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free Hotline: 1 833 630 1776
Email: opioidclassaction@kmlaw.ca
