The three prescription drugs were marketed in Canada for the treatment of diabetes and contained the active ingredient pioglitazone hydrochloride. The plaintiffs filed for damages, claiming that these drugs were causally linked to the development of bladder cancer and that the defendants did not warn the defendants sufficiently or at all of the risk of harm.
Rochon Genova LLP, Kim Spencer McPhee Barristers PC and Merchant Law Group LLP acted as class counsel.
The courts have certified the following classes for comparison purposes:
- any Quebec resident who purchased and / or used ACTOS from August 17, 2000 up to the date of the final approval of the settlement by the courts, and their estates, administrators, legal representatives, heirs or beneficiaries
- the family members and / or family members of the Quebec group members who would have been eligible to submit a claim in the Quebec lawsuit
- all Canadian residents, with the exception of Quebec, who have purchased and / or used ACTOS, and all Canadian residents who have purchased and / or used APO-pioglitazone and / or SANDOZ-pioglitazone during class time, and their discounts , Administrators, legal representatives, heirs or beneficiaries
- any person who, by virtue of a personal relationship with an Ontario national group member, is entitled to make a derivative claim under applicable provincial and / or territorial family law
In Casseres v. Takeda Pharmaceutical Company, 2021 ONSC 2846, Judge Edward Belobaba ruled that the settlement amount of 25 million compensation payments to eligible recipients ranges from $ 50,000 to $ 225,000, depending on the severity of the bladder cancer.
Class plaintiffs would receive a 30 percent contingency fee plus expenses and taxes based on retention agreements, while representative plaintiffs would each receive $ 1,500 for their involvement and involvement in nearly a decade of litigation.
