The Class Action sought compensation for cardiovascular injuries which were allegedly related to the use of Avandia.
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.
Yes, this settlement was approved by the Supreme Court of Nova Scotia on June 13, 2019.Top
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.Top
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.Top
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.Top
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.
680 Waterloo St.
1869 Upper Water St.
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
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.
The estimated distribution date is the Fall of 2020.
If you have further questions or need any help, please contact the Claims Administrator at:
Telephone (toll-free): 1-866-458-2144Top