Class action settlement in drug for schizophrenia

An article published in the June 30th edition of The Toronto Star:

Some users of antipsychotic drug say they were not warned of risk of diabetes

By Theresa Boyle, Health Reporter

Canadian courts have approved a $17.6 million settlement in a class-action lawsuit launched by individuals who became diabetic after taking an antipsychotic drug.

The settlement with Eli Lilly, manufacturer of Zyprexa, was announced Wednesday. It stems from allegations that the drug giant failed to warn about risks of severe weight gain, diabetes, hyperglycemia and pancreatitis.

Zyprexa is used for treatment of schizophrenia and bipolar disorder.

Eli Lilly denies any wrongdoing and the allegations have not been proved in court.

“While we believe the allegations are without merit, Lilly is taking this difficult step because we believe it is in the best interest of the company as well as the Canadian health care professionals who depend on this important medication,” John Rudolph, legal counsel for Eli Lilly, said in a written statement.

The drug continues to be used, but changes have since been made to its label to include warnings of diabetes.

The class action was filed on behalf of 11 people from Ontario, British Columbia and Quebec and approved by the superior courts of those provinces.

“We acknowledge that Eli Lilly has done the right thing,” said Harvin Pitch, counsel for Stevensons LLP, which represented some of the plaintiffs. “We encourage all users of Zyprexa who qualify to apply for their benefits.”

To receive a settlement payment, an individual must have started taking the drug prior to June 6, 2007 and then been diagnosed with diabetes, hyperglycemia, ketoacidosis or pancreatitis. The size of each payment will depend upon severity of illness and the total number of approved claims.

The settlement was based on an estimate that there would be 1,450 claims, though it is possible that the actual number may be higher, Pitch said.

The total number of prescriptions filled in 2009 in Canadian retail pharmacies for Zyprexa and its generic equivalents was 2,493,081. It is the third most prescribed antipsychotic on the Canadian market.

Further information is available at classaction.ca, from lawyer Daniel McConville at Stevensons LLP: (866) 940-8329, or from lawyer Matthew Baer at Siskinds LLP: (800) 461-6166 x 7782.

Note:

The claims deadline is October 28th, 2010.

Also see:

Notice of Settlement Approval (long version) [PDF Document]

Claim form [PDF Document]

Press Release – June 30, 2010 [PDF Document]

A national settlement has been proposed in the Zyprexa class action

Please click on the images to magnify them.

To view a high resolution version of the second document, please click here.


Also see:

ZYPREXA (OLANZAPINE) CLASS ACTION: NOTICE OF SETTLEMENT APPROVAL HEARING


From Poyner Baxter LLP:

Zyprexa

May 21, 2010

A national settlement has been proposed in the Zyprexa class action. This settlement cannot proceed until it has received court approval. The dates scheduled for the court settlement approval hearings are June 8, 2010 in Ontario, June 14, 2010 in Quebec and June 15, 2010 in British Columbia.

IF YOU OR SOMEONE CLOSE TO YOU TOOK ZYPREXA (OLANZAPINE) PRIOR TO JUNE 6, 2007, PLEASE CLICK HERE TO READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS AND YOU MAY BE ELIGIBLE FOR COMPENSATION.

To view the full legal notice, click here.

To view the proposed settlement agreement, click here.

A further notice will be published once the settlement has been approved by the courts which will explain how individuals can make a claim.

For further information email classaction@poynerbaxter.com or phone 604 988-6321.

This Web site is offered for information only and is not legal advice. Use of the site and sending or receiving information through it does not establish an attorney-client relationship. No one should act, or refrain from acting, based solely upon this information without seeking appropriate legal or other professional advice. In particular, you should obtain advice about limitation periods as it may affect your right to bring a legal action on your own behalf. Links to and from from this Web site do not state or imply a relationship between Poyner Baxter LLP and the linked entity.

From Siskinds LLP:

UPDATE (May 21, 2010): We are pleased to announce that a settlement has been reached in this action:

• Settlement Agreement - May 5, 2010 [PDF Document]

The next step is to have the settlement approved by the courts. Settlement approval hearings have been scheduled for Ontario on June 8 , 2010, Quebec on June 14, 2010, and British Columbia on June 15, 2010.

• Notice of Settlement Approval Hearings [PDF Document]

Once the settlement has been approved by each of the courts, a further notice will be published which will explain the steps for making a claim.

Zyprexa (Olanzapine) Class Action - Notice of Class Certification

The Schizophrenia Society of Nova Scotia suggests to its members that they should seek legal advice immediately so that they may be properly apprised of their rights, particularly because of the limited time within which a potential claimant may "opt out".



To view a high resolution PDF of the above document, please click here.

From the above document:

...

This notice does not constitute medical advice. Patients who have been prescribed Zyprexa should consult with their physicians if they have any questions with respect to their medical condition and should not stop taking Zyprexa without consulting with their health care professional.

...

IF YOU WISH TO EXCLUDE YOURSELF FROM THE CLASS PROCEEDING (“opt out”) you must deliver a written notice to one of the solicitors for the parties ... specifying your desire to opt out of the class proceedings. Notice of your decision to opt out must be received by either one of the solicitors by October 16, 2009.

ANY JUDGMENT OBTAINED ON THE COMMON ISSUES IN THE ACTION, WHETHER FAVOURABLE OR NOT, WILL BIND ALL CLASS MEMBERS WHO DO NOT OPT OUT OF THIS ACTION.

...

For further information, please click here.