In August 19, 2010, a motion to authorize the bringing of a class action and to ascribe the status of representatives was commenced by Siskinds, Desmeules, the Quebec firm affiliated to Siskinds LLP, against the defendant Bayer Inc. (the "defendant"), on behalf of all persons in Québec, including their successors, assigns, family members and any dependants, who were prescribed and ingested the drugs Yasmin and/or Yaz, from their respective introductions into the market (December 10, 2004, in respect of Yasmin and January 6, 2009, in respect of Yaz) and the date of November 30, 2011, who suffered harm.
The proposed action alleges that the defendant failed to ensure the safety of the oral contraceptives Yasmin and Yaz that they manufacture and failed to adequately advise the medical community and class members of the increased risks associated with their use compared to other oral contraceptives, which include deep vein thrombosis, pulmonary embolism, arterial thromboembolism or gallbladder disease.
The class action seeks to obtain damages from the defendant in order to compensate the Class members for the bodily, material and moral damages suffered, allegedly resulting from the use of Yasmin and/or Yaz.
The court has not yet decided whether the defendant has committed a fault and the defendant is contesting the class action.
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Developments
In July 26, 2018, the Superior Court of Québec authorized the bringing of a class action against the defendant on behalf of all persons residing in Québec who were prescribed and ingested the oral contraceptives Yasmin and/or Yaz and who were diagnosed with deep vein thrombosis, pulmonary embolism, arterial thromboembolism or gallbladder disease, and their families. The Court’s decision is available here.
In November 15, 2018, the Québec Court of Appeal dismissed the application brought by the defendant for leave to appeal from the authorization order rendered by Justice Beaugé. Accordingly, the authorization order became final. The decision of the Court of Appeal is available here.
In February 15, 2019, following the authorization, an originating application was filed.
On August 19, 2021, judgment was rendered on a motion to strike the defendant's allegations and specifications. The Court’s decision is available here.
On September 2, 2021, the originating application was amended. This motion is available here.
The class action is now moving towards a hearing on the merits.
FAQs
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 “authorization” mean?
Authorization 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, meaning that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award, drawn from the compensation payable to class members. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
Can I exclude myself from the class action?
No. The opt-out period ended on September 4, 2019. Click here to view the notice.
What should I do to protect my rights?
To protect your rights, you should:
1) Register using the contact form below to receive updates about the class action. To do that, please click the ‘Join’ button above and complete the form.
2) 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, physiotherapist etc.);
- Pharmaceutical and medical records.
3) 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.
4) Register to receive updates on this case by filling out the form below.
I still have a question. Who should I contact?
If you have a question, please use the Get in touch form provided at the bottom of this page. Please mention the name of the class action in your message.
You may also contact our Quebec affiliated firm Siskinds Desmeules at 418.694.2009 or at the toll free number 1.877.735.3842 or by email at [email protected].
You can also visit the Registry of class actions available at http://www.tribunaux.qc.ca/ or the National Class Action Database available at http://cbaapp.org/ClassAction/Search.aspx.
Documents
- Judgment authorizing the class action - Superior Court - July 26, 2018 (in French only)
- Order dismissing the leave to appeal - Court of Appeal - November 15, 2018 (in French only)
- Short-Form Notice: [English] [French]
- Long-Form Notice: [English] [French]
- Opt-Out Form: [English] [French]
- Originating Application - February 15, 2019 (in French only)
- Judgment on motion to strike the defendant's allegations and specifications - Superior Court - August 19, 2021 (in French only)
- Amended Originating Application - September 2, 2021 (in French only)