Québec

This class action is in the early stages of proceedings. It has not yet been authorized by the Court. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the action should properly proceed as a class action.

On March 7, 2023, the Superior Court of Québec authorized the amendment of the application for authorization, in particular to substitute the representatives and to modify the class definition to include only members of Québec.

You can view a copy of the amended application for authorization by clicking here (in French only).

British Columbia

This class action is in the early stages of proceedings. It has not yet been certified by the Court. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the action should properly proceed as a class action.

You can view a copy of the Notice of civil claim by clicking here.

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 counsels are only paid if successful. Class counsels are paid a percentage of any settlement or court award. Class counsels fees are subject to court approval.

Who is affected by this class action?

You are affected by the class action (a “class member”) if you used Xeljanz and/or Xeljanz XR and suffered injuries such as cancers, MACE (including heart attack and stroke), thrombosis (i.e., blood clots), fractures (i.e., broken bones), and death following the use of the medication.

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 suffered related injuries as a result of the use of Xeljanz and/ou Xeljanz XR.

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 the Siskinds, Desmeules study, 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.

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].

Québec

• Application for authorization – March 9, 2022
• Amended application for authorization – March 8, 2023 (French only)

British Columbia

• Notice of civil claim – January 25, 2023