Avandia Class Action

  1. What is this lawsuit about?
  2. How do I know if I am included in the Class?
  3. Has the settlement been approved?
  4. How do I receive a share of the settlement funds?
  5. What monies will be paid under the Settlement Agreement?
  6. How do I file for an estate?
  7. What if I retain a lawyer to submit my claim?
  8. Who are the lawyers representing the class members?
  9. How do I fill out a claim form?
  10. What documents do I need to include with my claim?
  11. When will I receive payments?
  12. What if I still have questions?
  1. What is this lawsuit about?

    The Class Action sought compensation for cardiovascular injuries which were allegedly related to the use of Avandia.

    

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  2. How do I know if I am included in the Class?

    All persons in Canada, including their estates, who were prescribed and ingested Avandia (the “Primary Class”); and (b) the spouses (including common-law spouses and same-sex spouses), children, grandchildren, parents, grandparents and siblings of deceased members of the Primary Class (the “Family Class”).

    *Family Class Members are not eligible for compensation under the Settlement Agreement.

    Compensation is available for Class Members who used Avandia for at least thirty continuous days commencing before December 2010 and who suffered one of the following injuries within no more than one year of such use: myocardial infarction (heart attack), congestive heart failure, coronary artery bypass graft (CABG surgery), and percutaneous coronary intervention with stent placement. Other eligibility considerations described in the Settlement Agreement will affect how much compensation you receive.

    

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  3. Has the settlement been approved?

    Yes, this settlement was approved by the Supreme Court of Nova Scotia on June 13, 2019.

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  4. How do I receive a share of the settlement funds?

    To obtain compensation under the Settlement, a Class Member must file a completed claim (claim form and medical and/or pharmacy records) with the Claims Administrator on or before the Claims Deadline of July 15, 2020.

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  5. What monies will be paid under the Settlement Agreement?

    The Settlement provides for a Minimum Settlement Amount of $4,116,666.67 (CDN) and up to a Maximum Settlement Amount of $6,750,000.00 (the “Settlement Payment”), depending on the number of Approved Claimants. The Settlement Payment will be used to pay compensation for Approved Claimants, the claims of provincial health insurers, the costs of notice and administration and Class Counsel Legal Fees.

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  6. How do I file for an estate?

    If a Class Member is deceased, a claim by the Estate of the Class Member may be made.  If approved, the legal Estate Representative will be forwarded the settlement payment for that Estate.

    A legal Estate Representative is someone who has been officially appointed to administer the Estate. This can be done in a Will, where an “Executor” is named, or by a legally appointed administrator of the estate.

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  7. What if I retain a lawyer to submit my claim?

    You do not need to retain a lawyer in order to file a claim in this settlement.  The Claims Administrator is available to you, free of charge, to answer any questions you might have about the Claim process or Claim Form.  

    If you choose to retain a lawyer, you will be responsible for paying the legal fees.  All future correspondence will be directed to your lawyer.

    

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  8. Who are the lawyers representing the class members?

    Siskinds LLP

    680 Waterloo St.

    London, ON

    N6A 3V8

    Tel: 877-672-2121

    avandia@siskinds.com

    Wagners

    1869 Upper Water St.

    Halifax, NS

    B3J 1S9

    Tel: 902-425-7330

    classaction@wagners.co

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  9. How do I fill out a claim form?

    Download and print a claim form, fill it out in its entirety and mail it along with your medical and/or pharmacy records to the Administrator at:

     

    Avandia Class Action
    PO Box 4454, Toronto Station A 
    25 The Esplanade
    Toronto, ON M5W 4B1

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  10. What documents do I need to include with my claim?

    Mandatory Evidence

    A Class Member must submit proof, by way of contemporaneous medical records, which may include contemporaneous physician records supplemented by a letter from the physician providing any needed clarification of the contents of the record, and/or contemporaneous pharmacy records, as follows:

     a) contemporaneous medical records demonstrating one or more of the following cardiac events:

    i. a final diagnosis of a Myocardial Infarction (“MI”) (which includes a final diagnosis in medical records generated in the course of medical care that interpret clinical signs and/or diagnostic tests as establishing the occurrence of an MI at or about such time or, alternatively for purposes of this criterion, death from a cardiac event in the absence of any other cause of death);

    ii. underwent a Coronary Artery Bypass Graft;

    iii. underwent percutaneous coronary intervention with stent placement;

    iv. a final diagnosis of initial onset or exacerbation of Congestive Heart Failure (which includes a final diagnosis in medical records generated in the course of medical care that interprets clinical signs and/or diagnostic tests as establishing the initial onset or exacerbation of CHF at or about such time) and

    b) contemporaneous medical and/or pharmacy records demonstrating Avandia consumption for at least 30 days at the time of, or within one year prior to, such cardiac event; and

    c) contemporaneous medical and/or pharmacy records demonstrating that the 30 days of Avandia use occurred prior to December 2010, or that an uninterrupted period of such use began prior to December 2010.

     

    Optional Risk Factor Adjustment Evidence

    Class Members who are seeking the Risk Factor Adjustment must:

    a) submit a Risk Factor Adjustment Declaration; and

    b) submit a copy of his or her general practitioner’s medical records for the 2 years before he or she suffered the cardiac event.

     

    A failure to report true or accurate information may result in the rejection of Class Members’ claims.

    

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  11. When will I receive payments?

    The estimated distribution date is the Fall of 2020. 

    

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  12. What if I still have questions?

    If you have further questions or need any help, please contact the Claims Administrator at:

    Email: Info@AvandiaClassAction.com

    Telephone (toll-free): 1-866-458-2144

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