Proposed Settlement of Canadian Bextra and Celebrex Litigation
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Written by Margaret V. Thomas
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Sunday, 25 December 2011 |
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A notification program began on Saturday, September 17, 2011, as ordered by M. Justice Pr?vost of the Superior Court of Qu?bec and Mr. Justice Perell of the Ontario Superior Court of Justice, to alert Canadian residents of a proposed settlement related to the prescription medications Bextra and Celebrex. This notification program is also to advise affected Canadians of the certification/authorization of several lawsuits as class actions and of Class Members' rights related to that certification/authorization and the proposed Settlement.
The court-approved classes include all Canadian residents who purchased and/or ingested Bextra and/or Celebrex (and their estates, administrators or other legal representatives), along with certain of their family members. The Ontario National Classes include all such individuals except for residents of Qu?bec who are members in the equivalent Qu?bec Classes.
The proposed Settlement, which requires the approval of the Ontario and Qu?bec Courts, provides for the creation of a $12 million CDN settlement fund from which eligible class members will receive compensation and from which administration costs and legal fees will be paid. Class Members will be able to seek compensation for certain specific medical conditions, including myocardial infarction (heart attack), ischemic stroke, severe cutaneous adverse reactions and other cardiac or vascular events. Compensation may also be paid to class members for income losses, part of the costs of purchasing Bextra and/or Celebrex, and derivative claims of certain family members.
The proposed Settlement is not an admission of liability on the part of the defendants, nor has there been any finding of liability by the Courts against them. The defendants deny the allegations made in the lawsuits. As a term of the proposed Settlement, the parties agreed to seek certification and authorization of the actions as class proceedings on consent.
Class Members may submit a claim under the proposed Settlement to the Claims Administrator or they can exclude themselves from the proceedings by opting out. Class Members may also submit a written objection to the proposed Settlement and may attend at the Settlement Approval Hearings which are scheduled to proceed in Ontario, on November 29, 2011 at 10:00 a.m. at the Ontario Superior Court of Justice, 361 University Avenue, Toronto, and in Qu?bec on December 2, 2011 at 9:30 a.m., at the Superior Court of Qu?bec, 1 Notre-Dame East, Montr?al.
Class Members who wish to either opt out of the proceedings or submit a written objection to the proposed Settlement must do so to the Claims Administrator by November 1, 2011. Collectiva Class Actions Services Inc. has been appointed as the Claims Administrator for various pre-approval purposes, including receiving opt-out forms and written objections.
Further information relating to the proposed Settlement, including the Notice, the settlement documents, Claim Packages and Opt Out Forms, is available at: www.bextracelebrexsettlement.ca, from the Claims Administrator by phone at 1-800-287-8587.
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Last Updated ( Sunday, 25 December 2011 )
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Average Settlement Payment
