TORONTO, July 18,
2024 /CNW/ - In 2019, Dr. Darryl Gebien (the
"Plaintiff") started a claim against several major
pharmaceutical companies, on behalf of all persons in Canada who were prescribed and became addicted
to opioids (the "Opioids Action"). Koskie Minsky LLP
represents Dr. Gebien.
The claim alleges that the pharmaceutical companies
commenced a campaign promoting the use of Opioids for various
chronic conditions in the 1990s, which led to widespread addiction
among individuals who were prescribed those medications.
The Plaintiff brought a motion for certification of the action
as a class proceeding. In a file direction dated December 12, 2022, Justice Perell of the Ontario Superior Court of
Justice directed that the certification motion be heard in two
phases.
On December 1, 2023, Justice Perell decided phase one of the
certification stage. At this phase, Justice
Perell considered whether the remedies sought in the case
are available in law.
Justice Perell ruled that the
Opioids Action may continue to phase two provided class counsel
found a representative plaintiff with a claim against each of the
Manufacturer Defendants (the pharmaceutical companies who
manufacture opioids and against whom this action is brought).
On April 30, 2024, in accordance
with the phase one decision, the Plaintiff issued a Second Fresh as
Amended Statement of Claim ("SFAC") that added six new
proposed representative plaintiffs.
However, no potential representative plaintiff with claims
against Hikma Labs Inc., Hikma Pharmaceuticals PLC, and West-Ward
Columbus Inc. (the "Hikma Defendants") was identified. The
Opioids Action cannot continue against the HikmaDefendants without
a representative plaintiff.
On July 3, 2024, Justice Perell granted leave to discontinue this
action only as against the Hikma Defendants. This discontinuance
becomes effective on October 31,
2024, 120 days from the date of the Order granting the
discontinuance, after which the limitation period for individual
actions against the Hikma Defendants for the causes of action
asserted in the proposed class action resumes running.
Class Counsel continue to seek certification of this action as
against the remaining Manufacturer Defendants and are preparing the
materials for phase two of the certification motion.
SOURCE Koskie Minsky LLP