For Immediate Release – June 30, 2010
SETTLEMENT APPROVED IN ZYPREXA (OLANZAPINE) CLASS ACTIONS IN CANADA
TORONTO, ONTARIO – A Settlement Agreement in the Canadian Zyprexa class actions has now been approved by the Canadian Courts. The class actions were brought on behalf of Canadian patients who used the antipsychotic Zyprexa (olanzapine) prior to June 6, 2007 in respect of allegations that the Defendants Eli Lilly Canada Inc. and Eli Lilly and Company sold Zyprexa without properly warning of alleged increased risks of developing diabetes and related disorders such as hyperglycemia, ketoacidosis, and pancreatitis. The Defendants deny these allegations and deny any wrongdoing or liability. The allegations made have not been proven in court, and the court has not taken any position as to the truth or merits of the claims or defences asserted by either side. Canadian patients who have been prescribed Zyprexa should consult with their physicians if they have any questions with respect to their medical condition and should not stop taking Zyprexa without consulting with their health care professional.
“We are very pleased with this result and look forward to moving ahead with the implementation of the compensation program” says Michael Eizenga, one of the Class Counsel responsible for negotiating the settlement. “We would like to commend the Defendants for putting this compensation program in place for Canadians.” Claude Desmeules, another of the Class Counsel, indicated that “formal notice of the settlement provides details, including deadlines, of how claimants are able to submit a claim.”
John Rudolph, Chief Legal Counsel, Eli Lilly Canada, stated: “While we believe the allegations are without merit, Lilly is taking this difficult step because we believe it is in the best interest of the company as well as the Canadian patients and the Canadian health care professionals who depend on this important medication.”
The Plaintiff classes in these actions are represented by a consortium of four Canadian firms:
● Siskinds LLP and Stevensons LLP
● Siskinds, Desmeules in Quebec in Ontario and all provinces and territories other than Quebec and British Columbia
● Poyner Baxter LLP
The Defendants in these actions are represented by Osler, Hoskin & Harcourt LLP. in British Columbia
For further information: Please see www.classaction.ca (English and French), www.classproceedings.ca, www.poynerbaxter.com or contact Michael Eizenga (English enquiries) at (416) 777-4879, Dan McConville (English enquiries) at 1-866-940-8329 or Yves Bergeron (French enquiries) at (418) 694-2009.
More info on this case plus downloadable documents can be found at the Siskind Law firm web page.
Later this year...or early next year, GlaxoSmithKline will be in the High Court in London, UK, defending a group action brought against them that claims that consumers had difficulty withdrawing from their product, Seroxat [known as Paxil in the US]
The claims are being pursued under the Consumer Protection Act (CPA) 1987. The CPA provides for a non-fault based liability if the product is found to be defective and to have caused injury as a result.
Despite Glaxo taking a legal charge of £1.6 billion earlier this year to settle cases in the US regarding Seroxat, it would appear that they are not going to do the same with British consumers of their drug.
Let battle commence. I, for one, can't wait to see those items of disclosure.
ORDER THE PAPERBACK
'THE EVIDENCE, HOWEVER, IS CLEAR...THE SEROXAT SCANDAL' By Bob Fiddaman
SIGNED COPIES HERE OR UNSIGNED FROM CHIPMUNKA PUBLISHING