Frequently Asked Questions

  1.   What is a class action?
  2.   What is the class action about?
  3.   Who is included in the Class?
  4.   What is the Settlement Amount?
  5.   When will Approved Claimants receive compensation?
  6.   How will Approved Claimants receive compensation?
  7.   How will the lawyers be paid?
  8.   Who are the lawyers representing me?
  9.   What if I want my own lawyer?
  10.   What if I need more information?

Answers

  1.   What is a class action?
  A.   In a class action, one or more people called “Plaintiffs” or “Representative Plaintiffs” sue on behalf of people who have similar claims. All of those people are called a “Class” or “Class Members”. The courts resolve the issues for everyone affected.
     The Representative Plaintiffs in this case are the Estate of Raymond Duck (Ontario Action), Steven Varnai and Joanne Giroux (Quebec Action) and Ronald Allen Fiddler (Saskatchewan Action). The lawyers for the Class (“Class Counsel”) are Siskinds LLP (Ontario Action), Siskinds Desmeules, Avocats (Quebec Action) and Merchant Law Group LLP (Saskatchewan Action).
     The Defendants in the class action are Janssen Inc., Janssen Pharmaceuticals Inc., Janssen Ortho LLC, Johnson & Johnson, and Johnson & Johnson Inc.
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  2.   What is the class action about?
  A.   The Representative Plaintiffs allege that the Defendants were responsible manufacturing and selling Invokana®, which it knew or ought to have known may cause serious side effects and injuries, including:
    
  • Increased risk of lower limb amputations (toe, foot, and leg);
  • Ketoacidosis;
  • Increased risk of acute renal failure;
  • Acute kidney injuries; and
  • Death.
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  3.   Who is included in the Class?
  A.   The Ontario class includes:
  1. All persons resident in Canada (at the time of the certification order), with exception of Saskatchewan Class Members and Quebec Class Members, who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Canada at any time on or before the date of the certification order; and
  2. All persons, with exception of Saskatchewan Class Members and Quebec Class Members, who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     The Quebec Class includes:
  1. All persons resident in Quebec (at the time of the authorization) who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Quebec at any time on or before the date of the certification order; and
  2. All persons, who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     The Saskatchewan Class includes:
  1. All persons resident in Saskatchewan (at the time of the certification order) who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Saskatchewan at any time on or before the date of the certification order; and
  2. All persons who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     Please contact the Claims Administrator, Trilogy Class Action Services, with any questions, or to register an objection:
     Invokana® Class Action Class Administrators
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Tel (toll-free): 1‑877‑400‑1211
Fax: 416-342-1761

https://www.invokanacanadasettlement.com
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  4.   What is the Settlement Amount?
  A.   The Settlement provides for the payment of $1,500,000 which will be used to pay approved claims, the related claims of the Provincial Health Insurers, the costs of notice and administering the settlement, and Class Counsel legal fees, disbursements, and applicable taxes.
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  5.   When will Approved Claimants receive compensation?
  A.   Class Members who satisfy the eligibility criteria set out in the Compensation Protocol may be entitled to benefits that will be calculated in accordance with the points system detailed in the Compensation Protocol. Until all claims have been adjudicated it will not be possible to determine the exact value of the compensation that may be paid to eligible claimants.
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  6.   How will Approved Claimants receive compensation?
  A.   Approved Claimants will receive their compensation by cheque after all Claim Forms have been adjudicated and after the Claims Bar Deadline of August 14, 2023.
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  7.   How will the lawyers be paid?
  A.   The Courts approved Class Counsel’s legal fees in the amount of $375,000.00 plus applicable taxes and disbursements in the amount of $51,545.82 plus applicable taxes. Class Counsel were retained on a contingency basis and were responsible for funding all expenses incurred in pursuing this litigation.
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  8.   Who are the lawyers representing me?
  A.   Class Counsel are:
     Siskinds LLP
275 Dundas Street, Unit 1
P.O. Box 2520
London, Ontario, N6B 3L1
Tel: (519) 672‑2121
Fax: (519) 672-6065
James Boyd
Email:
     Siskinds Desmeules, Avocats
43 Rue De Buade
Bureau 320
Quebec City, Quebec, G1R 4A2
Tel: (418) 694‑2009
Fax: (418) 694-0281
Chloé Faucher-Lafrance
Email:
     Merchant Law Group LLP
100-2401 Saskatchewan Drive
Regina, Saskatchewan, S4P 4H8
Tel: (306) 359‑7777
Fax: (306) 522-3299
E.F. Anthony Merchant, Q.C.
Email:
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  9.   What if I want my own lawyer?
  A.   If you want to hire your own lawyer, you may do so at your own expense.
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  10.   What if I need more information?
  A.   You may contact the Claims Administrator at:
     Invokana® Class Action Class Administrators
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Tel (toll-free): 1‑877‑400‑1211
Fax: 416-342-1761

https://www.invokanacanadasettlement.com
     You may contact Class Counsel at:
    
Siskinds LLP
275 Dundas Street, Unit 1
P.O. Box 2520
London, Ontario, N6B 3L1
Tel: (519) 672‑2121
Fax: (519) 672-6065
James Boyd
Email:
    
Siskinds Desmeules, Avocats
43 Rue De Buade
Bureau 320
Quebec City, Quebec, G1R 4A2
Tel: (418) 694‑2009
Fax: (418) 694-0281
Chloé Faucher-Lafrance
Email:
    
Merchant Law Group LLP
100-2401 Saskatchewan Drive
Regina, Saskatchewan, S4P 4H8
Tel: (306) 359‑7777
Fax: (306) 522-3299
E.F. Anthony Merchant, Q.C.
Email:
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