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Update
By order dated December 6, 2007, Mr. Justice Cullity of the Ontario Superior Court of Justice certified the Ontario proceeding as a class action and approved the Serzone® Settlement. In order for the Settlement to become effective it must still be approved by the Quebec Superior Court. Please note that the final day of the Claim Period has been extended from December 31, 2007 to 45 days following the Opt Out Deadline (or 90 days from the publication of the Approval Notice). The exact deadline will be known when the Quebec Superior Court approves the Settlement.
Background and Current Situation
Class proceeding lawsuits have been initiated in Ontario against Bristol-Myers Squibb Company, Bristol-Myers Squibb Canada, Inc., Bristol-Myers Squibb Co./La Société Bristol-Myers Squibb Canada, and Linson Pharma Inc. (BMS Defendants) and unrelated generic manufacturers of the pharmaceutical antidepressant medication, nefazodone hydrochloride, which has been linked to liver failure and other liver conditions. Class actions have also been launched in British Columbia, and Québec in relation to nefazodone hydrochloride against the BMS Defendants and Linson Pharma Co. (collectively, BMS), and unrelated generic manufacturers of nefazodone hydrochloride.
An agreement (the "Settlement" or "Settlement Agreement") has been reached with BMS, the manufacturers and distributors of Serzone®. If the Settlement is approved by the Courts, Class Members will be eligible to receive payments in accordance with their level of injury. Payments for general damages could range from $100 to $215,000. In some cases, any loss of income from employment that is proven with supporting documentation as set out in the Settlement Agreement (and exhibits) will be paid in addition to the compensatory payments outlined above.
By order dated December 6, 2007, Mr. Justice Cullity of the Ontario Superior Court of Justice certified the Ontario proceeding as a class action and approved the Serzone® Settlement. As noted, the Settlement must be approved by the Quebec Superior Court for the Settlement to become effective. The decision of the Quebec Superior Court is pending.
A copy of the Settlement Agreement and exhibits, as well as documents in support of the Settlement approval hearings can be viewed by visiting www.SerzoneSettlement.ca.
Please note that the Claim Forms (exhibit I to the Settlement Agreement) are draft only - final Claim Forms will be posted when the Settlement is approved by the Quebec Superior Court.
If you have any questions regarding this litigation, contact Ontario National Class Counsel (Rochon Genova LLP and McPhadden, Samac, Merner, Barry) at 1 (866) 881-2292, Quebec Class Counsel (Sylvestre Fafard Painchaud) at 514-937-2881 or the Claims Administrator (Crawford Class Action Services) at 1-866-640-0039. |
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