Siskinds LLP seeks to recover compensation for Canadians suffering vision loss resulting from their use of prescription Elmiron to treat chronic bladder issues. Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.
Elmiron (Pentosan Polysulfate Sodium) is an oral medication manufactured by the Janssen Inc pharmaceutical company. It is a drug that has been marketed in Canada since the 1990s and it is commonly prescribed for treating interstitial cystitis, also known as painful bladder syndrome, a chronic condition causing bladder pressure, bladder pain and sometimes pelvic pain.
Vision loss linked to long-term use of Elmiron
In 2020, Health Canada issued a medical alert about the risk of an eye disorder (Pigmentary Maculopathy) affecting the part of the retina that allows for highly sensitive accurate vision, which has been associated with the long-term use of Elmiron.
Common eye problems reported include:
- blurry vision,
- muted, less vivid colours,
- difficulty reading, and
- difficulty adjusting and seeing in different lighting conditions.
If you or a loved one is affected by the use of Elmiron, we encourage you to talk to your doctor and investigate legal representation.
Canadian Elmiron Class Action Litigation
Siskinds and Siskinds Desmeules are part of a group of law firms acting as Class Counsel to pursue class actions for Canadians who used Elmiron and suffered certain eye injuries. CTV reported on this Canadian class action and the scientific research concerning vision loss related to Elmiron titled, Class-action lawsuit launched by Canadian women alleges bladder pain drug damaged their eyesight.
Stay informed
If you or someone you know has used Elmiron and has suffered vision issues, Siskinds invites you to click "Join" to stay informed about the progress of this class action brought against the manufactures. To consult with the Siskinds Elmiron litigation team, complete the form at the bottom of the page or call 1.800.461.6166. Quebec residents should contact Siskinds Desmeules by phone at 418.694.2009 or by email at [email protected].
Developments
Siskinds and Siskinds Desmeules, are part of group of law firms who are acting as Class Counsel to pursue class actions for Canadians who used the Elmiron and suffered certain eye injuries.
Bristish Columbia
On May 15, 2020, Class Counsel filed a proposed class action in British Columbia on behalf of all persons in Canada, excluding Quebec, who were prescribed and ingested Elmiron between December 31, 1993, and the date of certification. You can view a copy of the Amended Notice of Civil Claim here.
The BC case reached the stage called certification, where a court determines if the lawsuit can be appropriately pursued as a class action. A hearing took place in before the Supreme Court of British Columbia, and the court released a decision, which stated that many aspects of the case were able to be certified. The BC decision is available here.
The parties did not accept all the findings of the court and the decision is now being appealed. The appeal proceedings will follow their course and will take several months.
Ontario
On June 19, 2020, a proposed class action was commenced in Ontario by Siskinds LLP. You can view a copy of the Statement of claim here.
This class action has not yet been certified and is being held in stasis in favour of the British Columbia action.
Québec
On July 8, 2020, a similar class action was commenced in Quebec by Siskinds, Desmeules. You can view a copy of the fourth amended application for authorization to institute a class action here (French only).
On November 26, 2021, the Superior Court of Québec authorized the class action on behalf of all persons in Quebec who were prescribed and used Elmiron between December 31, 1993, and September 23, 2019, and were diagnosed with pigmentary maculopathy. You can view the decision on authorization here.
On December 21, 2021, the Defendants filed an application for leave to appeal the decision on authorization regarding the definition of the class.
If the Court of Appeal grants leave, the appeal proceedings will follow their course and will take several months. If the Court of Appeal does not grant leave, the decision authorizing the class action will be confirmed and the action will continue as a regular civil action (filing of an originating application, pre-trial examinations, etc.). An official notice will then be published on this page and will be broadcast on various media. No hearing date is currently scheduled.
FAQs
What is a Class Action?
A class action is a lawsuit 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 Elmiron class action?
All persons in Canada who purchased and/or ingested Elmiron and their estates, administrators or other legal representatives.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the proposed class action unless you “opt out” (exclude yourself from the class action).
Can I exclude myself from the class action?
Yes. If the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring an individual action. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.
What should I do to protect my rights?
To protect your rights, you should:
- Register to receive updates about the class action by clicking the ‘Join’ button above and completing the form.
- Keep a copy of all documents that may be relevant to this class action, such as:
- Medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, receipts, etc.;
- All medical treatments, including the names and contact information of the health care provider (doctor, surgeon, ophthalmologist, etc.);
- Pharmaceutical and medical records.
- If possible, keep a journal of symptoms and note down any times when you or family members are unable to attend work or school as a result of your symptoms.
If you have not already done so, you can contact Siskinds LLP so that we can help you obtain your relevant medical and pharmaceutical records. The more time passes, the more difficult it may be to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.
I still have questions. Who should I contact?
If you have any other questions, please complete the Get in Touch form below.
Documents
British Columbia
- Amended Notice of Civil Claim - May 15, 2020
- Reasons for Judgment on Certification - October 17, 2022