Propecia and Proscar
The class action seeks to compensate every person who suffered an injury following the use of Propecia or Proscar (scientifically known as finasteride) for the treatment of male pattern hair loss.
The motion alleges the liability of Merck Canada and Merck Frosst Canada due to the fact that they promoted their medication as a treatment for male pattern hair loss while they were aware, or should have been aware, that their product warnings regarding side effects were inadequate.
On March 28, 2019, the Supreme Court of Canada dismissed Merck Canada and Merck Frosst Canada’s application for leave to appeal. This decision confirms the judgment of the Quebec Court of Appeal authorizing the class action against Merck Canada and Merck Frosst Canada in this matter.
The class action is therefore authorized on behalf of persons who meet all of the following criteria:
-You live in Quebec;
-You have been prescribed Propecia or Proscar for the treatment of male pattern baldness;
-This prescription was made before November 18, 2011;
-You have developed a side effect that persisted after stopping the medication: sexual dysfunction, decreased libido, erectile dysfunction, ejaculatory disorders, decreased ejaculate volume, shrinking of the genitals, gynecomastia, testicular pain, anhedonia, and difficulty in reaching orgasm or depression.
YOU COULD receive $ 10,000 in punitive damages and compensation based on:
-your physical, psychological and moral damages;
-the costs of your care arising from the side effects of the drug;
YOU CAN OPT OUT UNTIL OCTOBER 28, 2019, if you do not want to participate in the class action. Opting out implies that you will not be entitled to any compensation if a favorable judgment or an agreement intervenes in this class action.
LAWYER FEES will be paid only if successful and at a percentage approved by the Court. You have nothing to pay unless in this class action.
FOR MORE INFORMATION on the class action, exclusion or registration, consult the Notice to class members.
Are you a member?
The class is defined as follows in the motion seeking authorization:
All persons residing in Quebec who have been prescribed Propecia and/or Proscar for the treatment of male pattern baldness before November 18, 2011 and who have developed at least one of the following conditions, which has persisted following the discontinuation of use :
- Sexual dysfunction;
- Decreased libido;
- Erectile dysfunction;
- Ejaculatory disorders;
- Decreased volume of ejaculate;
- Shrinking of the genitals;
- Testicular pain;
- Anhedonia and difficulty reaching an orgasm, or;
If you think you are a class member and would like to receive information on the file, you can sign up to our mailing list by filling the registration form below.
For more information on class actions, see our section entitled « What are class actions ? »
The Class Action
In April 2013, Mr. Baratto filed a motion seeking authorization to institute a class action (the “motion seeking authorization”) against Merck Canada Inc. and Merck Frosst Canada & co.
On December 21st, 2016, the Honourable Claude Dallaire dismissed the application for leave to institute a class action against Merck Canada and Merck Frosst Canada, which was argued on January 27 and 28, 2016.
Your representative Camilo Baratto and we, your prosecutors, have decided to appeal this judgment, which, in our view, contains several errors of fact and of law. The hearing at the Quebec Court of Appeal was held on January 23, 2018.
On July 26, 2018, in a unanimous judgment, the Quebec Court of Appeal authorized the class action.
On October 1, 2018, Merk Canada and Merk Frosst Canada applied to the Supreme Court of Canada for leave to appeal the judgment of the Quebec Court of Appeal granting authorization. On March 28, 2019, the Supreme Court of Canada dismissed Merck Canada and Merck Frosst Canada’s application for leave to appeal.
The authorization of the class action means that Mr. Baratto and its lawyers will represent all class members in the class action.
The Honourable Christine Baudouin of the Superior Court was appointed to hear the case.