Settlement of the Mirapex® Class Action - Notice to Users of Mirapex®

October 29, 2014
 

If you or someone you know has used Mirapex this notice contains information which should interest you.  Please read it carefully.

 

This notice is directed at all persons who were prescribed Mirapex® (generic name: pramipexole dihydrochloride).

 

On July 27, 2012, the Ontario Superior Court of Justice (the "Court") certified Action #05-CV-288851CP (Schick v. Boehringer Ingelheim (Canada) Ltd.), as a class proceeding (the "Class Action").  The Class Action alleges that Mirapex® causes impulse control orders, including pathological gambling, hypersexuality, binge eating and compulsive shopping.

 

You are a Class Member if you hare a resident of Canada (other than Quebec) and you were prescribed and ingested the drug Mirapex® (generic name: pramipexole dihydrochloride) at any time on or before July 27, 2012.  The Opt-Out deadline for this class action passed on October 30, 2012 (and accordingly no Class Members may now opt out of this Class Action).

 

A settlement of the Class Action has now been reached by the parties, subject to approval by the Court.  The settlement will be considered for Court approval at a hearing on Wednesday, February 18, 2015 (the "Approval Hearing"), in Toronto, Ontario.

 

If you are a Class Member and you claim to have suffered damages related to an impulse control disorder, including pathological gambling, hypersexuality, binge eating, and compulsive shopping, you are eligible to apply for compensation under the settlement by submitting a Questionnaire to Class Counsel.

 

Some Class Members have already submitted Questionnaires to Class Counsel, as part of a court-approved settlement negotiation process.  If you are such a Class Member, you need not do anything further.  You will be contacted by Class Counsel to be informed how the proposed settlement will address your claim.  If you are not sure whether you have previously submitted a Questionnaire, you may contact Class Counsel at the address below.

 

If you are a Class Member who has not previously submitted a Questionnaire to Class Counsel, you may still seek compensation under the settlement by submitting a completed Questionnaire to Class Counsel by December 10, 2014This deadline is important.  If you fail to submit a Questionnaire by this deadline you will be forever disentitled from making a claim for compensation.

 

You may obtain the Questionnaire at http://www.thomsonrogers.com/mirapex or by contacting Class Counsel at the address below.  Note that the Questionnaire must be accompanied by a doctor's letter confirming an impulse control disorder.

 

New claims will be subject to the same analysis and treatment as those claims previously submitted as part of the court-approved negotiation process.  There is no guarantee, however, that submitting a claim, whether as part of the court-approved negotiation process or otherwise, will result in compensation to you.

 

Anyone wishing to make submissions for or against the proposed settlement at the Approval Hearing must send a request in writing with a summary of your submissions to Class Counsel at the address below, by no later than January 17, 2015.  Persons making submissions by the deadline will be provided with further information on how they may participate in the Approval Hearing.

 

Subject to court approval, Class Counsel will be seeking the approval of total fees of approximately $2,750,000.00, inclusive of all disbursements and applicable taxes.  Class Counsel was retained on a contingent basis.  Class Counsel was responsible for funding all disbursements incurred in pursuing this litigation, subject to assistance where available from the Class Proceedings Fund.  Pursuant to the settlement, the Defendants have agreed to pay a total of $1,215,000.00 towards Class Counsel's legal fees, disbursements and applicable taxes.

 

No further notice will be given following the Approval Hearing unless ordered by the Court.

 

Further details of the settlement are available by contacting Class Counsel or by visiting http://www.thomsonrogers.com.

 

Questions for counsel from Class Members should be directed by email, fax, or telephone to:

 

Darcy R. Merkur

Thomson, Rogers, Barristers and Solicitors

390 Bay Street, Suite 3100

Toronto, Ontario, M5H 1W2

Toll free:  1-888-223-0448, Fax:  416-868-3134

dmerkur@thomsonrogers.com

 

 

 

 

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