QUÉBEC MIRAPEX® (PRAMIPEXOLE) CLASS ACTION NOTICE OF SETTLEMENT APPROVAL HEARING PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS. YOU MUST ACT WITHOUT DELAY TO COMPLY WITH DEADLINES AS SET OUT BELOW. WHO IS INCLUDED
This notice and the proposed settlement apply to all persons resident in Québec who were prescribed and ingested Mirapex® at any time up to July 13th, 2011 and all persons who were resident in Québec at a time they were prescribed and ingested Mirapex®. WHAT THIS NOTICE IS ABOUT
This notice advises you of a proposed settlement of the lawsuit bearing Court number 500-06-000463-097 filed in the Québec Superior Court by France Lépine against Boehringer Ingelheim Canada Ltd.
Mirapex® (pramipexole dihydrochloride monohydrate) is a prescription medication that is commonly prescribed for the treatment of the signs and symptoms of idiopathic Parkinson’s disease, and for symptomatic treatment of moderate to severe idiopathic Restless Legs Syndrome.
The lawsuit alleges that the defendant negligently designed, manufactured, marketed, distributed and sold the prescription medication Mirapex® without properly warning of alleged risks potentially associated with its use. The defendant denies the Plaintiff’s allegations and denies any wrongdoing or liability. The court has not taken any position as to the truth or merits of the claims or defences asserted by either side. The allegations made by the Plaintiff have not been proven in court.
Without any admission of liability or wrongdoing, a settlement has been reached. The proposed settlement seeks to put an end to the lawsuit and therefore, to establish a mechanism for the processing of Québec Class Members’ claims. The Parties will ask the Québec Superior Court to authorize the class action, for settlement purposes only, and to approve the settlement. All aspects of the settlement are subject to the approval of the Québec Court.
SUMMARY OF THE PROPOSED SETTLEMENT
Without any admission of liability or wrongdoing, a Settlement Agreement (the “Settlement”) has been reached. The Settlement Agreement provides for:
a. The creation of a CAD$2,717,600 Settlement Fund (the “Settlement Fund”) from which eligible
claimants may receive payment for Gambling Losses, Life Impact or both.
b. The creation of three distinct funds within this Settlement Fund of CAD$2,717,600, namely:
The Gambling Loss Fund of CAD$2,200,000;
c. Eligibility for payment from the Settlement Fund will be determined on an individual basis by the
Claims Administrator upon an analysis of individual Class Members’ claims and records. Eligibility for payment will require proof by Quebec Class Members that they were prescribed Mirapex® and that they experienced qualified Gambling Losses and/or Life Impact during their use of Mirapex® and is based on a point system. Not all class members will be eligible for payment. The eligibility to receive payment will be determined by the Claims Administrator appointed by the Court on the basis of evidence submitted by each Class Member. The amount of payment will depend upon the number of claims approved and the points attributed to each Class Member.
d. The decision of the Claims Administrator is subject to an appeal before the Court.
e. The costs associated with this Notice and all administration costs, as well as Class Counsel’s fees
and disbursements, which must be approved by the Québec Court, will be paid out of the Settlement Fund.
The Settlement may be terminated by the Defendant or by Class Counsel, subject to the terms of Section 7 of the Settlement Agreement, if the number of Class Members who opt-out of the Settlement or the value of the claims filed after this Notice exceed the thresholds agreed upon by the Parties.
Collectiva Class Action Services Inc. will be proposed as the Claims Administrator for the proposed Settlement. The Motion for Settlement Approval, the Settlement Agreement and related Exhibits are available ator by calling the Claims Administrator at 1.800.287.8587. THE PROPOSED SETTLEMENT REQUIRES COURT APPROVAL
In order for the Settlement to become effective, it must be approved by the Québec Court. The Court must be satisfied that the Settlement is fair, reasonable and in the best interests of Class members. The date for the Settlement Approval Hearing has been scheduled as follows:
October 21st, at 9:30 AM in room 2.08 at the Superior Court of Québec, OBJECTING TO THE PROPOSED SETTLEMENT
You may give your opinion on the settlement, including any objections to the settlement, verbally at the hearing or in writing to the Claims Administrator at the following address:
All written objections must be received no later than October 14, 2011. The Claims Administrator will file copies of all objections with the Courts. Do not send a written objection directly to the Court. SUBMITTING CLAIMS A downloadable version of the Claim Form is available online at the Claims Administrator’s website or can be requested from the Claims Administrator via e-mail, telephone or regular mail at the address listed above. Although Class Members will have a certain period of time to file a Claim if the Settlement is approved, Class Members are strongly invited to submit a Claim Form and any required documentation as soon as possible. LEGAL FEES At the Settlement Approval Hearing, Québec Class Counsel will seek court approval for payment of Class Counsel’s fees claimed, disbursements and applicable taxes. FURTHER INFORMATION For further information about the settlement or any other matters referenced in this notice, please contact Québec Class Counsel at : Lauzon Bélanger Lespérance inc.
100-286 Saint-Paul West Montreal, QC H2Y 2A3
Tel : (514) 844-4646 / Fax : (514) 844-7009
This Notice has been approved by the Superior Court of Québec.
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Neue Vorträge in der Praxis Auch in diesem Herbst wollen wir wieder in einer kleinen Vortragsreihe zur gemeinsamen Diskussion einladen. Drei Termine sind dafür vorgesehen. Wieder am Donnerstag, von 18.00 bis 19.00 in unserem Wartezimmer . Melden Sie sich bitte an. 16. November Sparen am rechten Platz Darf man bei Medikamenten sparen? Und wenn ja, geht das ohne auf Qualitä