Siskinds has commenced actions in several provinces in order to represent a class of Canadian individuals and their families who suffered injuries and complications as a result of adverse events associated with Xarelto, specifically uncontrollable bleeding and hemorrhaging.

Siskinds is actively working toward the next step in the litigation which will be the certification motions. At a certification motion, the court determines whether the litigation is properly prosecuted as a class action.

On May 7, 2015, Siskinds, Desmeules, the Quebec firm affiliated with Siskinds has filed a similar class action in Quebec. The action was stayed on December 7, 2016 pending judgment on the authorization of another class action relating to Xarelto in Quebec.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Xarelto class action?

You are affected by the class action and are a “class member” if you were prescribed Xarelto and suffered complications, including an adverse hemorrhaging (bleeding) event.

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person who was prescribed Xarelto and suffered adverse events).

What should I do to protect my rights?

To protect your rights, you should:

• Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
• Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
• If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

• Any expenses reasonably incurred for the benefit of the class member.
• Travel expenses incurred in visiting the class member during his or her treatment or recovery.
• Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
• If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form below or call 1.800.461.6166.

Quebec proceedings

Order staying the proceedings - Quebec Superior Court - December 7, 2016 (in french only)

Application for authorization to institute a class action - May 7, 2o15 (in french only)