Actos

Canadian lawsuits related to the prescription drugs ACTOS®, APO-Pioglitazone and Sandoz-Pioglitazone (collectively referred to as PIO) sought compensation for harm alleged to be associated with the use of the medications, including the development of bladder cancer. The defendants deny the plaintiffs’ allegations.

As part of the settlement process, the following lawsuits have been authorized/certified as class actions: [name withheld] v. Takeda Pharmaceutical Company Limited et al. No. 500-06-00618-120 (the “Québec Action”) and [name withheld] et al. v. Takeda Pharmaceutical Company Limited et al. Court File No. CV-11-44258400CP and [name withheld] et al. v. Apotex Inc.et al. Court File No. CV-13-491534-00CP (the “Ontario Actions”). Specifically, the Québec and Ontario Courts have authorized/certified the following classes for settlement purposes: Québec Class: All persons resident in Québec who purchased and/or used ACTOS® from August 17, 2000 to the date the Settlement is finally approved by the Courts (the “Class Period”), and their estates, administrators or other legal representatives, heirs or beneficiaries; Québec Family Class: All family members and/or dependents of Québec Class Members who would have been entitled to assert a claim for compensation in the Québec Action; Ontario National Class: All persons resident in Canada, excluding residents of Québec, who purchased and/or used ACTOS®, and all persons resident in Canada who purchased and/or used APO-Pioglitazone and/or SANDOZ-Pioglitazone, during the Class Period, and their estates, administrators or other legal representatives, heirs or beneficiaries; and Ontario National Family Class: All persons who on account of a personal relationship to an Ontario National Class Member are entitled to assert a derivative claim for damages pursuant to the applicable provincial and/or territorial family law legislation. If you fall within any of the above Class definitions, you will be bound by the terms of the Settlement if it is approved by the Courts and you will not be able to continue or commence an individual action relating to the use of PIO, unless you Opt Out.

If you are a member of the Québec Class or the Ontario National Class and you wish to be excluded from any future Orders made in these Actions and/or from the Settlement, should it be approved, you must take active steps by “Opting Out”. To Opt Out, you must fully complete and submit an Opt Out Form and deliver it to the Claims Administrator by the Opt Out Deadline of January 26, 2021 . Opt Out Forms are available here or may be requested by mail or telephone. If you Opt Out, you will NOT be able to make a claim for compensation under the Settlement if it is approved by the Courts.

The plaintiffs and defendants have reached a settlement, which is subject to approval by the Courts. The proposed Settlement provides for the creation of a $25 million (CDN) Settlement Fund which will be used to pay compensation for Approved Claims, the claims of the Public Health Insurers, the costs of notice and administration, and Class Counsel Legal Fees, disbursements and taxes. In order for the Settlement to become effective, it must be approved by the Courts in Québec and Ontario. Each of the Courts must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members. The dates for the Settlement Approval Hearings in Ontario and Québec have been scheduled with the respective courts as follows: In the Québec Action, on January 27, 2021 at 10:00 a.m. at the Superior Court of Québec, 1 Notre-Dame East, Montreal, Québec. In the Ontario Actions, on January 28, 2021 at 10:00 a.m. at the Ontario Superior Court of Justice, 361 University Avenue, Toronto, Ontario. If you wish to object to the proposed Settlement, you must submit a written objection to the Claims Administrator by no later than January 7, 2021 at the address listed below. The Claims Administrator will file copies of all objections with the Courts. Do NOT send an objection directly to the Courts. You may also attend the hearings on the dates noted above, and if you have submitted a written objection to the Claims Administrator, you may make oral submissions to the Court(s). If either or both of the Settlement Approval Hearings are adjourned AND/OR if one or both of the Settlement Approval Hearings need to be held virtually due to restrictions arising from the Covid-19 pandemic, details will be posted on this website . In the event that the Settlement Agreement is not approved by both the Ontario and Québec Courts in a form agreed to by the Parties, the Settlement Agreement will terminat