Koskie Minsky LLP has initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications to the Thalidomide Survivors Contribution Program (“TSCP”) were rejected on the basis of failing to provide the required proof of eligibility.
Thalidomide is an immunomodulatory drug that was prescribed to pregnant women across the world in the late 1950s and early 1960s to combat nausea and morning sickness. The use of Thalidomide in the first trimester of pregnancy was directly linked to children being born with debilitating malformities.
In 2015, Health Canada announced that new funds were to be made available for Canadian Thalidomide survivors through the TSCP. The TSCP requires that applicants meet a very specific criteria to receive recognition and compensation, which has resulted in the rejection of many self-identified Canadian Thalidomide victims. It is alleged that the TSCP eligibility requirements effectively mean that previously unidentified Thalidomide survivors could only be eligible if they have prescription records from 60 years ago or an affidavit from the prescribing doctor, who given the passage of time is likely deceased.
This class proceeding alleges that the establishment and/or application of the TSCP evidentiary criteria and/or documentary proof requirements are unlawful as they are effectively impossible to meet.
This case has now been certified as a class proceeding. The court has approved a notice of certification, which among other things, explains what the class proceeding is about and how a person can take steps if they do not want to be part of the class proceeding. To read the Thalidomide Survivors Contribution Program Class Application FAQ, please click here.
If you are a Thalidomide survivor whose application to the TSCP has been rejected, please contact us at 1-866-474-1741 or email us at thalidomideclassaction@kmlaw.ca.
