British Columbia

On October 6, 2023, Siskinds filed a class action in the Supreme Court of British Columbia, alleging that semaglutide drugs (Ozempic, Rybelsus, and Wegovy) manufactured and marketed by the Novo Nordisk group of companies were defective, and that the manufacturers failed to adequately warn users, and their health care providers, that semaglutide drugs increase the risk of serious complications, including gastroparesis (“stomach paralysis”), acute gallbladder disease, gallstones, and another internal blockages.

You can view a copy of the Notice of Civil Claim by clicking here.

The class action is in its early stage and has not yet been authorized by the court.

Quebec

On November 6, 2023, Siskinds Desmeules filed an application for authorization to institute a class action before the Superior Court of Quebec, alleging liability as manufacturer of Novo Nordisk for the safety defect of the drugs Ozempic and Rybelsus in that there was a lack of sufficient indications as to the risks and dangers they involve or as to the means to avoid them, in particular the risks of gallbladder disease, intestinal obstruction, intestinal paralysis, gastroparesis or malnutrition.

You can consult the application for authorization by clicking here.

On July 22, 2024, the Superior Court of Quebec stayed the Quebec Action to give precedence to the BC Action. You can view a copy of the order by clicking here. (French only).

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 this class action?

You may be affected by the class action (a “class member”) if you are a Canadian who was prescribed and used Ozempic, Rybelsus or Wegovy and suffered serious hepatobiliary issues (such as cholelithiasis, or gallstones, hepatobiliary illnesses, and cholecystitis) or serious gastrointestinal issues (such as gastroparesis, or stomach paralysis, gastroenteritis and intestinal blockage).

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 class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people

What should I do to protect my rights?

1. Keep a record of medical expenses incurred — appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.;
2. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.);
3. If possible, keep a journal of symptoms and note any times when you are unable to attend work or school as a result of your symptoms.
4. Register to updates by clicking on the Join button and complete the form to subscribe to our database to receive all updates and notices regarding this class action.

If you have not already done so already, you can contact Siskinds, so that we can help you obtain your relevant medical and pharmaceutical records. The more time goes by, the more difficult it may be to collect this information.

All personal information provided to Siskinds will be kept private and confidential.

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

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

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in Touch form below, call us toll free at 1.877.735.3842 or email us at [email protected].

For information in French or to contact our Quebec office Siskinds Desmeules, call us at 418.694.2009 or toll free at 1.877.735.3842 or email us at [email protected].

British Columbia

• Notice of Civil Claim– filed October 6, 2023

Quebec

• Application for authorization to institute a class action - November 6, 2023 (French only).
• Stay Order – July 22, 2024 (in French only)