Opioid Use Disorder

In 2019, an application for authorization of a class action against several pharmaceutical entities who manufactured, marketed, distributed and/or sold prescription opioids to Quebec residents between 1996 and the present day was filed in the Superior Court of Quebec. This class action seeks to compensate every resident of Quebec who suffers, or has suffered from, opioid use disorder following the use of prescription opioid products (the “Class Members”).

Latest news

On October 23, 2024, the Court of Appeal dismissed the defendants’ applications for leave to appeal the judgment authorizing the institution of a class action. The Court of Appeal’s judgment can be read here.

Recently, settlement agreements were reached with three defendants in the Opioid Class Action.

1)  A settlement agreement with GlaxoSmithKline inc. (GSK) that provides for a full and final release of all claims against it in exchange for payment of CAD $145,000 (the “GSK Settlement”);

2) A settlement agreement with Norvatis Pharmaceuticals Canada inc. (Norvatis) that provides for a full and final release of all claims against it in exchange for payment of CAD $400,000 (the “Norvatis Settlement”); and

3) A settlement agreement with Sanofi-Aventis Canada inc. (Sanofi) that provides for a full and final release of all claims against it in exchange for payment of CAD $200,000 (the “Sanofi Settlement”).

These settlements were approved by the Superior Court. The plaintiff will soon be proposing a plan to distribute the amounts obtained through all settlement agreements (see below) to class members.

The case

On May 23, 2019, a motion for authorization to institute a class action against the manufacturers, marketers or distributors of opioid drugs was filed. The Class Action seeks to compensate every person who suffers or has suffered from opioid use disorder following the use of prescription opioids.

Opioids are a class of drugs which resemble naturally occurring opiates that are prescribed to treat pain. However, these drugs are dangerously addictive, and the growing number of addictions, overdoses and deaths in Quebec and Canada caused by opioids has been declared by the Government of Canada to be a public health emergency.

History of the case

On April 10, 2024, the Court rendered a judgment authorizing the class action.

The judgment modifies the definition of the Class as follows :

All persons in Quebec who have been prescribed and consumed any one or more of the opioids medications identified in Schedule I attached hereto, manufactured, marketed, distributed and/or sold by the Defendants between 1996 and the present day (“Class Period“) and who have been diagnosed by a physician as suffering or having suffered from Opioid Use Disorder.

The Class excludes any person whose claim, or any portion thereof, is in relation to the drugs OxyContin and OxyNEO, as well as in relation to opioid drugs that were solely and exclusively available for use in a hospital setting and not prescribed for use in the home.

The Class also includes the direct heirs of any deceased person who during his or her lifetime met the above description, subject to the same exclusions.

Defendants have confirmed that they intend to seek permission to appeal this decision. More information will follow.

If you believe you are a member of this class action and wish to receive information about its progress, you can sign up to our mailing list by filling out the form at the bottom of the page.

Settlements approved by the Court

To this day, numerous settlement agreements were reached with the defendants having minimal sales of prescription opioid products in Quebec. Plaintiff and Class Counsel believe that the Settlement Agreements are in the best interests of the Class Members given the continuation of the Opioid Class Action against the remaining Defendants.

On May 18, 2023, Justice Donald Bisson of the Superior Court of Quebec issued an order authorizing the Opioid Class Action for settlement purposes and approving the following three (3) settlement agreements entered into with some of the Defendants:

1) a settlement agreement with Aralez Pharmaceuticals Canada Inc. that provides for a full and final release of all claims against it in exchange for payment of CAD $145,000 (the “Aralez Settlement”);

2) a settlement agreement with Valeant Canada Limited, Valeant Canada LP and 4490142 Canada Inc., formally known as Meda Valeant Pharma Canada Inc. (together “Valeant”) that provides for a full and final release of all claims against them in exchange for payment of CAD $350,000 (the “Valeant Settlement”); and

3) a settlement agreement with Church & Dwight Canada Corp. that provides for a full and final release of all claims against it in exchange for payment of CAD $145,000 (the “Church & Dwight Settlement”).

Please, see the Notice to Members for more information.

On August 9, 2022, Justice Morrison of the Superior Court of Quebec issued an order authorizing the Opioid Class Action for the settlement purposes and approving four (4) settlement agreements entered into with the following Defendants :

1) a settlement agreement with Roxane Laboratories Inc. and Boehringer Ingelheim (Canada) Ltd. that provides for a full and final release of all claims against them, as well as against Hikma Labs Inc., in exchange for the payment of CAD $125,000 (the “R&B Settlement”);

2) a settlement agreement with BGP Pharma ULC and Mylan Pharmaceuticals ULC that provides for the full and final release from all claims against them in exchange for the payment of USD $199,000 (the “B&M Settlement”);

3) a settlement agreement with Merck Frosst Canada & Co. (“MFC”) that provides for the full and final release from all claims against it in exchange for the payment of CAD $145,000 (the “MFC Settlement”); and

4) a settlement agreement with Sanis Health Inc. (“Sanis”) that provides for the full and final release from all claims against it in exchange for the payment of CAD $180,000 (the “Sanis Settlement”).

Please, see the Notice to Members for more information.