Q
Alysena Class Action Lawsuit
Important Dates
Summary of Class Members’ legal rights and options at this time
Submit a Claim
lf you want to receive money you MUST SUBMIT a Claim Form via email or mail to the Claims Administrator NO LATER THAN JULY 10, 2024.
Do Nothing
lf you do not make a claim, you will not get any money and you will give up the right to get money in the future.
Opt-Out
The deadline to opt out of the Class Action was May 7, 2023.
Object
The deadline to Object the proposed Settlement and protocol was May 7, 2023.
Address & Contact Info Changes
Please promptly notify the Administrator of any changes to your contact information as we use what’s on file to communicate with you. When providing changes, please provide your full name, your claim ID (if applicable), as well as confirm the old contact information and the change requested.
Frequently asked questions (FAQs)
1. What is a class action lawsuit?
4. Who is a member of this class action?
5. How do I submit a Claim?
6. What happens if I do nothing about the lawsuit?
7. What if I do not like the proposed Settlement in the Lawsuit?
8. What if I do not want to be in the Class Action?
10. How much money could I get if the Court approved the Protocol?
11. Do I have a lawyer in the case?
12. How will the lawyers be paid?
13. How do I get more information?
1. What is a class action lawsuit?
A class action is a type of lawsuit in which one or more persons, referred to as representative plaintiffs, bring a suit on behalf of all of the members of a similarly situated group who have similar claims, except for those who choose to exclude themselves, without the necessity of each member filing an individual lawsuit and incurring all of the expenses or appearing as an individual plaintiff.
2. What is the lawsuit about?
The claim alleges that Alysena 21 and 28 distributed by the Defendants in Canada is defective and unfit for its intended purpose of preventing pregnancy. The plaintiffs sought to recover damages for Class Members for alleged losses as a result of the defective nature of the medication. The Defendants deny the allegations, which have not been proven, and are defending the lawsuit.
3. Why is there a notice?
Two separate class action lawsuits have ended with a settlement for women who were taking Alysena 21 or 28 and became pregnant while taking Affected Lots (defined as lots of Alysena purchased in Canada and ingested between December 22, 2017 and March 8, 2018) or suffered psychological stress and anxiety as a result of reading or becoming aware of the Health Canada Advisory issued on February 9, 2018, Apotex lnc.'s Recall Letter dated February 9, 2018, Apotex lnc.'s Dear Health Care Professional letter dated March 8, 2018, or Health Canada’s Advisory issued March 8, 2018. A settlement fund of approximately $2,030,600 is available to pay all eligible claimants, known as Class Members, who make a claim.
4. Who is a member of this class action?
The Class consists of “all women in Canada who were prescribed, purchased and ingested Alysena 21 or Alysena 28 in Canada between February 9, 2017 and October 31, 2019”.
5. How do I submit a Claim?
You must fully complete the Court-approved Claim Form. To get a claim form you have two (2) options:
After completing the Court-approved Claim Form, you can either email a completed form to info@AlysenaClassAction.ca or mail it to the address above.
6. What happens if I do nothing about the Lawsuit?
lf you do not make a claim, you will not get any money and you will give up the right to get money in the future.
7. What if I do not like the proposed Protocol?
The deadline to Object to the Settlement Agreement, Distribution Protocol, Class Counsel fees or the honorarium to the representative plaintiff was May 7, 2023.
8. What if I do not want to be in the Lawsuit?
The deadline to opt-out of the Class Action was May 7, 2023.
9. What money is available?
The settlement provides for the payment of up to $2,030,600 by the Defendants, including costs reimbursement in exchange for a full release of all claims against them by the Class and the public health insurers who have paid for health services for Class members.
10. How much money could I get if the Court approved the Protocol?
The amount of compensation each member of the Class is entitled to is dependant on the particular circumstances of each member of the Class and will be determined by reference to a distribution protocol that has received Court approval.
11. Do I have a lawyer in the case?
Yes. The Court has appointed Rice Harbut Elliott LLP and Merchant Law Group LLP to represent you and other Class Members as “Class Counsel.” You will not be personally charged for the services of these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.
12. How will the lawyers be paid?
Under the terms of their retainer agreement with the representative plaintiff, a total maximum fee of up to $549,030.07 (inclusive of taxes) on a claims made basis is approved subject to a further fee approval hearing described in the Order for Fee Approval, located on the documents page of this website.
13. How do I get more information?
You can get more information at www.AlysenaClassAction.ca, or by writing to: Alysena Class Action, c/o Epiq Class Action Services Canada Inc., P.O. Box 507 STN B, Ottawa ON K1P 5P6, or by email at: info@AlysenaClassAction.ca.
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