Class actions resolve legal issues common to everyone in the class; the court’s judgment binds all Class Members even if they do not participate. The common issue in this case is whether the Defendants breached their obligations to Class Members. The Representative Plaintiffs filed class actions alleging that Purdue entities, the manufacturers of OxyContin® and OxyNEO®, misled the public about the potentially addictive nature of their products. Purdue denied all the allegations in the lawsuit and that they did anything wrong and defended the action.
TopThe Settlement Agreement is a compromise between the positions of the parties and is not a finding of fault on the part of the defendants. The Representative Plaintiffs and the lawyers representing them believe that the Settlement is in the best interests of all Class Members, and the Courts have agreed.
The Settlement Agreement was approved Canada-wide on November 8, 2022, and the approval became final on February 6, 2023.The Settlement Agreement can be viewed on the Documents Page.
TopThe Class Members are defined as:
OxyContin® and/or OxyNEO® User:
All persons in Canada, including their estates, who at any time between January 1, 1996, and February 28, 2017, inclusive, were prescribed in Canada and ingested OxyContin® tablets and/or OxyNEO® tablets, manufactured, marketed and/or sold or otherwise placed into the stream of commerce in Canada by one or more of the Defendants (the “Class” or “Class Members”).
A Class Member might have filed a claim before the June 27, 2024 deadline to be considered for compensation from the Settlement if they first consumed OxyContin® and/or OxyNEO® pursuant to a prescription written by a health care provider and subsequently became addicted, and suffered one or more other alleged OxyContin® or OxyNEO® related injurie(s). A Family Member of a Class Member might also have filed a claim prior to the deadline to be considered for compensation from the Settlement.
Class Members who consumed OxyContin® and/or OxyNEO® before first being issued a Valid Prescription are not entitled to receive compensation from the Settlement Payment.
Family Member Class:
All persons in Canada who by virtue of personal relationships to OxyContin® and/or OxyNEO® Users, have claims for damages, including those defined in the Compensation Protocol attached to the Settlement Agreement as Exhibit B. For greater certainty, the Family Class includes the spouses, common law spouses, children, grandchildren, parents, brothers, and sisters of Approved Claimants at the time of the Injury or Injuries.
A Family Class Member, or their guardian, might have completed the Family Member Claim Form prior to the June 27, 2024 deadline to apply for compensation under the Settlement Agreement.
TopThe Settlement Agreement provides for the payment of $20,000,000 (Canadian dollars) which will be used to pay Class Member compensation, the administration of the settlement, health care expenses incurred by the Provincial Health Insurers, and Class Counsel’s legal fees, disbursements, and applicable taxes. The amount that will be paid to eligible Class Members will be unknown until after the end of the Claims Period, and after all administration has been completed.
TopThe completed claim form and supporting documentation needed to be received by the Administrator on or before June 27, 2024. Claims are no longer accepted.
TopBoth Claim Forms were setting out the documents you needed to submit in support of your claim. In summary, you needed:
OxyContin®/OxyNEO® User
Mandatory Evidence: For any and all claims for Injury compensation and for the purposes of proving the length of their Period of Addiction, a User Class Member must submit:
1. Proof of Valid Prescription.Proof that a Class Member first consumed OxyContin® and/or OxyNEO® pursuant to a prescription written for the Class Member must be established by:
(A) At least one reliable documentary record that demonstrates a prescription was written for the Class Member for OxyContin® and/or OxyNEO®. This may be a medical record, pharmacy record, social assistance payor record, public or private health insurer record, or other reliable documentary record that demonstrate a prescription was written for the Class Member for OxyContin® and/or OxyNEO®.
(B) Provided that the mandatory proof requirement in 1A above is met, in the event that all relevant prescription records are requested but are unavailable, a Class Member may submit an affidavit sworn or affirmed by the Class Member describing the details of their prescription of Oxycontin® and/or OxyNEO® and subsequent use. The affidavit must contain, as exhibits, true copies of the record requests that were made and the responses received by the Class Member. Template Affidavit is available for support here.
2. Proof of Addiction. This must be established by:
(A) Medical records that diagnose or indicate a suspected addiction to or psychological dependence on OxyContin® and/or OxyNEO®.
-OR-
(B) Medical records that document two or more characteristics of Opioid Use Disorder as defined in the DSM-V (as set out in detail on page 19 of the claim form.
(C) A Class Member may submit an affidavit sworn or affirmed by the Class Member explaining the circumstances of their addiction to or psychological dependence on OxyContin® and/or OxyNEO®, including a description of any details that may not be available in records described under 2A or 2B. Template Affidavit is available for support here.
3. Medical and pharmacy records for 3 years prior to the first prescription until the end of the Period of Addiction:
(A) A Class Member must submit copies of their medical and pharmacy records for the three years before they were first prescribed OxyContin® and/or OxyNEO® through to the end of their Period of Addiction (the “Material Time”). If some or all of the records are unavailable, a Class Member must submit an affidavit sworn or affirmed by the Class Member that describes their use of OxyContin® and/or OxyNEO® for the timeframe that is not supported by records and that contains, as exhibits, true copies of the record requests that were made and the responses received by the Class Member. Template Affidavit is available for support here.
(B) A Class Member must disclose, by way of an affidavit sworn or affirmed by the Class Member, any and all addictions and/or substance abuse problems, other than their Addiction (as that term is defined in the Compensation Protocol) that they suffered during the Material Time. If the Class Member suffered no such addiction and/or substance abuse problems during the Material Time, they must submit a sworn or affirmed affidavit to this effect. Template Affidavit is available for support here. Relevant addiction and/or substance abuse problems here means any addiction/substance abuse problem from the following substances: alcohol, caffeine, cannabis, hallucinogens, inhalants, sedatives, hypnotics, or anxiolytics, stimulants (including amphetamine-type substances, cocaine, and other stimulants), and/or tobacco, which resulted in any of the following problems:
Additional Evidence: if seeking additional compensation for Injuries suffered other than the Addiction itself. Please note that an affidavit may be provided for the purpose of providing context and an explanation of supporting documents, but affidavit evidence does not replace the need for mandatory supporting documentation noted below:
4. Level 1 Mandatory Evidence: Fatal overdose caused or contributed to by OxyContin® and/or OxyNEO® consumption, or suicide by other means during the Period of Addiction, must be established by the Class Member’s government-issued Medical Certificate of Death which declares the cause of death of the OxyContin®/OxyNEO® user.
5. Level 2 Mandatory Evidence: Non-fatal overdose during the Period of Addiction, including a documented suicide attempt caused or contributed to by OxyContin® and/or OxyNEO® consumption must be established by medical records from the Class Member’s treating physician and/or hospital records that detail the overdose(s) and/or attempted suicide(s).
6. Level 3 Mandatory Evidence: Documented suicide attempt during the Period of Addiction by means other than OxyContin® and/or OxyNEO® consumption must be established by medical records from the Class Member’s treating physician and/or hospital records that detail the attempted suicide(s).
7. Level 4 Mandatory Evidence: Participation in a treatment program for OxyContin® and/or OxyNEO® Addiction must be established by medical records and/or records from the treatment centre/program to support the Class Member’s participation.
(A) Eligibility for added points for methadone use or similar treatments must be established by a Class Member’s records from the treatment centre/program indicating that methadone or a similar treatment program was prescribed for a period of 6 months or longer. Similar treatments include but are not limited to: Probuphine, Sublocade, Suboxone, Naloxone, Zubsolv, Subutex, Naltrexone, Vivitrol, Buprenorphine, etc.
8. Level 5 Mandatory Evidence: Loss of employment for a period of 6 consecutive months or longer during the Period of Addiction must be established by:
(A) A sworn or affirmed Affidavit specifying that the loss of employment was mainly due to OxyContin® and/or OxyNEO® Addiction (Template Affidavit is available for support here); and,
(B) Documentation to show that their termination from employment and income at the time of termination. Example documents include, records of employment, pay stubs, tax returns, notices of assessment, and/or contracts.
9. Level 6 Mandatory Evidence: Loss of professional license during the Period of Addiction must be established by records from the body that governs the Class Member’s profession that indicates the loss of professional license.
10. Level 7 Mandatory Evidence: Loss of custody of child(ren) during the Period of Addiction must be established by:
(A) A Custody Order and/or other court Order and/or other records in the court file that provide for custody of the Class Member’s children; and/or,
(B) An Affidavit sworn or affirmed by a close friend or family member (affiant) of the Class Member that provides specific detail as to the circumstances surrounding the loss of custody and an explanation for why the affiant has knowledge of those details. Template Affidavit is available for support here.
11. Level 8 Mandatory Evidence: Criminal conviction related to OxyContin® and/or OxyNEO® during the Period of Addiction must be established by records that clearly indicate that the conviction was related to the Class Member’s Addiction:
(A) A Certificate of Conviction signed by the clerk of the court in which the conviction was made, as well as the corresponding pre-sentencing report.
(B) If the Certificate does not clearly show that the conviction was related to the Addiction, the Class Member must also submit a statement from their lawyer and/or parole officer and/or social worker that clearly indicates that the conviction was related to the Class Member’s Addiction.
12. Level 9 Mandatory Evidence: Separation and/or divorce from spouse or common law spouse during the Period of Addiction must be established by:
(A) A Separation Agreement and/or Divorce Certificate and/or other records in the court file; and/or,
(B) An Affidavit sworn or affirmed by a close friend or family member (affiant) of the Class Member that provides specific detail as to the circumstances surrounding the separation and/or divorce and an explanation for why the affiant has knowledge of those details. Template Affidavit is available for support here.
13. Level 10 Mandatory Evidence: Criminal charge related to OxyContin® and/or OxyNEO® during the Period of Addiction that did not result in conviction must be established by records that clearly indicate that the charge was related to the Class Member’s Addiction:
(A) Law enforcement and/or police records that document the charge.
(B) If these records do not clearly show that the charge was related to the Addiction, the Class Member must also submit a statement from their lawyer and/or healthcare provider and/or social worker that clearly indicates that the charge was related to the Class Member’s Addiction.
14. Level 11 Mandatory Evidence: Bankruptcy during the Period of Addiction must be established by the Class Member’s bankruptcy documentation.
15. Level 12 Mandatory Evidence: Eviction from or otherwise loss of possession of principal residence during the Period of Addiction must be established by:
(A) The real estate documentation and/or eviction notice(s) that demonstrate the loss.
(B) If such documentation and/or notice is not available, a Class Member must submit a sworn or affirmed Affidavit that describes the circumstances surrounding the eviction or loss of residence plus a supporting Affidavit sworn or affirmed by a person familiar with those circumstances. Template Affidavit is available for support here.
16. Level 13 Mandatory Evidence: Homeless for greater than one week (7 days) during the Period of Addiction must be established by homeless shelter records and/or a statement by:
(A) A social worker or healthcare provider that describes the Class Member’s experience with and conditions of homelessness and the length of time that the Class Member was homeless.
(B) If such documentation cannot be obtained, then a Class Member must submit a sworn or affirmed Affidavit that describes the circumstances surrounding their homelessness plus a supporting Affidavit sworn or affirmed by a person familiar with those circumstances. Template Affidavit is available for support here.
17. Level 14 Mandatory Evidence: Interruption in post-secondary education during the Period of Addiction must be established by the Class Member’s transcript(s) that show the interruption(s). The Class Member must have been enrolled for the semester and completed 60% or less of the registered courses.
18. Level 16 Mandatory Evidence: Discretionary points: The Claims Administrator may in its discretion award points for substantiated circumstances evidencing hardship that are not otherwise provided for in Levels 1-14. If you wish to provide details regarding substantiated circumstances evidencing hardship that are not otherwise provided for in the claim form, please provide a separate letter detailing those items and enclose the supporting evidence.
Family Class Member
Family Class includes the spouses, common law spouses, children, grandchildren, parents, brothers, and sisters of Approved Claimants during the “Material Time” (Period of Addiction). One of the below documents must be submitted to establish proof of relationship to the OxyContin® and/or OxyNEO® user:
An affidavit is a sworn statement put in writing confirmed by oath or affirmation, administered by a person who is authorized to do so, for use as evidence in court. When you use an affidavit, you claim that the information within the document is true and correct to the best of your knowledge. You can find template affidavits here to be used for support in drafting your own affidavit. They will prompt you to outline certain proof requirements which may be satisfied by affidavit evidence. Further details on the use of an affidavit can be found in FAQ 6 and in the Claim Forms.
TopIf your doctor is no longer practicing or is now retired and you are unable to request the required medical records for 3 years prior to your first prescription until the end of the Period of Addiction, you can indicate that within your affidavit, along with identifying information about the doctor (e.g., the doctor, Dr. John Smith at 101 Main St. in Thunder Bay, is retired), and include a screenshot or printout of your search results from the applicable provincial physician registry that shows that your physician is no longer practicing or active, if that is available.
TopIf the pharmacy that filled your prescriptions is no longer operating and you are unable to request the required pharmacy records, you can indicate that within your affidavit, along with identifying information about the pharmacy, (e.g., the pharmacy, Shoppers Drug Mart located at 201 Main St in Thunder Bay, is no longer operating) and include a screenshot or printout of your search results from the applicable provincial pharmacy database that shows the pharmacy is no longer operating, if that is available.
TopThe Claims Administrator will acknowledge receipt of your OxyContin®/OxyNEO® User Claim Form or Family Member Claim Form by mail within 60 days. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator toll free at 1 (888) 663-7185.
TopThe courts have appointed RicePoint Administration Inc. as the "Claims Administrator". The Claims Administrator will review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to Approved Claimants. Class Counsel and other lawyers who may assist you in preparing your claim do NOT make the decision about whether you receive compensation. That is the role of the Claims Administrator.
The Claims Administrator might request further information if there are deficiencies in your claim or if other information is required. If you do not provide the requested information, your claim might be rejected in whole or in part.
Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the email or mailing address you provided in the claim form. If your address changes prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator right away. The Claims Administrator’s decision is binding subject to a right of appeal (see FAQ 15 “Can I appeal the Claims Administrator’s decision?”)
TopIf you are an eligible Class Member who submitted a claim before the deadline along with all the required documentation, you may be eligible to receive compensation. Compensation is calculated in proportion to the cumulative points awarded to your claim under the Compensation Protocol. You will receive a decision notice that tells you whether you have been awarded points and how many. It will not provide a dollar value for the points. This information will not be available until after all claims are considered and any appeals have been processed, because the dollar value for points will be calculated based on how many claims were approved. Until all claims have been adjudicated, it will not be possible to determine the exact value of the compensation that may be paid to eligible claimants. Accurate processing takes time. Depending on the number of claims filed, it could be up to one year after the claims deadline of June 27, 2024 before you receive compensation. Please check this website for regular updates.
All compensation for claims will be made by cheque to either the Class Member who made the claim, to his/her legal guardian, or the lawyer representing the Class Member.
The Settlement Agreement, Compensation Protocol, and other documents are available here.
TopThe Opt Out Deadline has passed (July 12, 2017), and Class Members are no longer eligible to Opt Out of the Settlement. If you did not wish to participate, you were not required to submit a Claim. The claim deadline has now also passed (June 27, 2024).
Class Members who did not Opt Out gave up the right to sue the Defendants about any of the claims resolved by this Settlement. If you have a pending lawsuit against any of the Defendants about these claims, speak to your lawyer immediately.
TopClass Counsel worked on a contingency basis, meaning no fees were charged at any stage of the lawsuit until after the Settlement Agreement was approved. Now that the Settlement Agreement has been approved, the Courts have approved Class Counsel fees in the amount of $4.65 million, plus interest accrued of $637,639.65, plus disbursements (out of pocket expenses) of $537,049.41, and applicable taxes, totalling $6,383,067.62. The Courts have determined this amount is fair and reasonable. The amount was subtracted from the amount paid by the Defendants to settle the lawsuit.
You did not need to retain a lawyer in order to file a claim. If you retained a lawyer to assist you in filing your claim or to appeal the administrator’s determination of your claim, you shall be responsible for paying the legal fees and expenses of such lawyers. Should you retain one of the Class Counsel or Consortium Counsel law firms, they have agreed to cap their fees at fifteen (15) percent of the amount awarded to you should your claim be approved.
Wagners
Siskinds LLP
Siskinds Desmeules Avocats
Rochon Genova LLP
Merchant Law Group LLP
Strosberg Sasso Sutts LLP
Ches Crosbie
Guardian Law Group
Paul J D Mullin QC
Crocco Hunter
TopOnce all Claims have been evaluated and the deficiency period has passed, Claimants will receive a decision notice to advise whether their Claims have been approved or rejected. The right to appeal is extended to both approved and rejected Claimants. Any appeal must be submitted with a $100 fee, within 30 days from the date of the decision notice. Appeals will be determined by an independent referee and will be based solely on the claim package previously provided to the Claims Administrator – no new information can be provided on appeal. Referees will endeavour to render a decision within 90 days of receipt of an appeal. The appeal decision is final and binding and not subject to further appeal. If successful, the $100 fee will be refunded to the Approved Claimant as part of their final compensation. If unsuccessful, the $100 fee will be forfeited by the Claimant and deposited into the Escrow Account for the benefit of the Class.
TopYou can read the entire Settlement Agreement and other important documents here. In addition, you should check the website regularly for updates on the case.
You may contact the Settlement Administrator at [email protected] or 1-888-663-7185.
You may contact Class Counsel at:
Rochon Genova LLP
900-121 Richmond St.W.
Toronto, ON M5H 2K1
Jon Sloan
1-866-881-2292
Siskinds LLP
1-275 Dundas St
London, ON N6B 3L1
1-800-461-6166
Wagners
1869 Upper Water St.
Halifax, NS B3J 1S9
1-800-465-8794
Merchant Law Group
#400, 2710 - 17th Avenue S.E.
Calgary, AB T2A 0P6
Evatt Merchant
Tel: 403-219-0182
Siskinds Desmeules (French)
320-43, rue de Buade
Québec, QC
G1R 4A2
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