Current Class Actions in Nova Scotia:

Vioxx

BOYNECLARKE LLP has secured the rights of Nova Scotians who have taken  Vioxx by filing a class action lawsuit in Nova Scotia.

If you are interested in this class action, or want to keep informed as to the procedures regarding the Vioxx Class Action, click here.

Frequently asked questions about the Vioxx Class action are answered here.

AMO Complete All-in-One MoisturePLUS

Filed on November 8, 2007, was a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of all residents of Nova Scotia who have suffered personal injuries and other damages as a result of having used AMO Complete ALL-in-One MoisturePLUS contact lens solution.

Avandia

Avandia is an oral diabetes medication and is manufactured by GlaxoSmithKline.  Since its introduction in 1999, more than 6 million people have taken Avandia or Avandamet.

A study published in the New England Journal of Medicine in May, 2007 showed that the use of Avandia caused a significant increase in the risk of heart attack and possible death. 

Several lawsuits have been launched in Canada and the United States over the medication's adverse effects, and drug safety regulators in both countries have been investigating its safety.

Patients taking Avandia are encouraged not to stop taking Avandia without first consulting with their physicians.

Chocolate Price Fixing

Filed on February 15, 2008, was a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of all residents of Nova Scotia affected by a conspiracy to maintain above average chocolate prices.

Greenwood, NS Water Contamination

Filed on June 1, 2007, was a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of residents and former residents of Greenwood, Nova Scotia who have suffered personal injury  or property damage as a result of exposure to water contaminated with tetrachloroethylene.

Menu Foods (Tainted Pet Food)

Filed on July 11, 2007, was a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of residents of Nova Scotia who purchased dog or cat food, manufactured by Menu Foods, between December 3, 2006 and March 6, 2007 which was subject to the March 16, 2007 recall.

The recall was announced after several animals had become ill or died after ingesting the tainted pet food.

Miramichi Pathology Misdiagnosis

Chesley F. Crosbie, Q.C. of St. John's, Newfoundland & Labrador and George McAllister of Fredericton, New Brunswick, and the Wagners Law Firm is investigating the recent announcement of possible pathology errors and misdiagnoses which may have occurred at the Miramichi Regional Hospital in New Brunswick.

Nova Scotia Nursing Homes

Filed on November 30, 2007, was an Amended Statement of Claim in relation to a proposed common class proceeding in the Supreme Court of Nova Scotia.  The original Statement of Claim was filed on September 8, 2005.  The proposed class action is filed on behalf of residents and family members of residents of nursing homes in Nova Scotia who were required to pay for the health care costs of residents in nursing homes in Nova Scotia on a private pay basis between February 1, 2001 and January 1, 2005.

OxyContin

Filed on September 26, 2007, was a proposed common law class proceeding in the Supreme Court of Nova Scotia on behalf of all persons affected by the use of OxyContin and on December 5, 2007, an Amended Statement of Claim was filed in the Supreme Court of Nova Scotia which substantially modifies the original Statement of Claim.  The proposed class action is for the benefit of any person in Canada who claims personal injury and/or damages as a result of being prescribed OxyContin.  The proposed suit alleges that the narcotic maker is guilty of deceit in the marketing of the painkiller OxyContin and claims a monetary remedy on behalf of residents of Atlantic Canada who were legally prescribed the drug, including those who developed dependency or addiction issues.

Darvon

Darvon is the brand name for a prescription narcotic which contains a relatively mild medication called propoxyphene. Darvon is also available under the names Darvon - N and Darvocet.

Darvon is commonly prescribed to treat mild to moderate pain associated with cosmetic, knee, and dental procedures. Darvon has been approved for sale in Canada since as early as 1973.

In 2009, Darvon and Darvocet received black box warnings to highlight the risk of overdose both accidental and intentional. On December 1, 2010, Health Canada advised that the manufacturer of Darvon - N would be voluntarily recalling its product from the Canadian marketplace. Similarly in November 2010, the FDA advised that the risks associated with Darvon and Darvocet outweighed their benefits and requested a recall of both Darvon and Darvocet from the U.S. marketplace.

Recent scientific research has revealed that medications containing the active ingredient propoxyphene, such as Darvon, can cause an increase in serious, abnormal heart rhythms.

Investigations are ongoing with regard to claims from people who have taken Darvon, and other medications containing the active ingredient propoxyphene, and have suffered its harmful effects.   Patients taking Darvon, or any other medications containing propoxyphene, should consult with their physician should they have any concerns with regard to continuing or discontinuing their use of these medications.

Hip Products

On January 11, 2011 a proposed class proceeding in the Supreme Court of Nova Scotia was filed on behalf of  residents of Nova Scotia who were implanted with a Depuy Hip Implant at any time between July 2003 to the date of certification of the lawsuit as a class proceeding

DePuy Implants were developed in order to reconstruct human hip joints that are diseased due to conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture. The Depuy Implants are designed to replace all or parts of diseased hip joints in order to alleviate symptoms of these health conditions. They are designed to last for an average of 15 or more years. The Defendants aggressively marketed the Depuy Implants as having advantages over other hip replacement or resurfacing systems and they were advertised as suitable, safe, effective, minimally invasive hip replacements, and as "high performance" systems

It is alleged that for at least two years the Defendants knew, contrary to their marketing campaigns, that a disproportionately high number of Depuy Implants were failing and causing harm to patients. Complaints to Health Canada and the US FDA included component loosening, misalignment, dislocation and fracture, and the creation of abnormal or excessive metal debris in the hip socket. This metal debris could spread to surrounding tissue, causing severe inflammation and damage. The failure of the Depuy Implants often requires complicated, expensive and painful revision surgery to correct.

The Defendants were also aware that the Australian Joint Registry had issued seven reports to the Defendants or their Australian affiliates starting in 2007 that identified problems with the Depuy Implants. The Defendants withdrew the Depuy Implants from the Australian market in December 2009, however, they consistently failed to disclose or warn Canadian patients of the significant risk of failure in the Depuy Implants. The Defendants knew or ought to have known of the significant risks associated with the use of Depuy Implants.

Levaquin

Levaquin is the brand name for the drug Levofloxacin. Levaquin is also manufactured under the following generic names: Apo-Levofloxacin, CO Levofloxacin, Mylan-Levofloxacin, Novo-Levofloxacin, PMS-Levofloxacin, and Sandoz Levofloxacin.

Levaquin is a prescription fluroquinolone antibiotic prescribed to treat a variety of infections including, but not limited to, commonly acquired pneumonia, skin infections, chronic bacterial prostatitis, acute bacterial sinusitis, and UTIs.

Levaquin was first approved by Health Canada in 1997. Since that time, a total of over 450 reports of adverse reactions have been submitted to Health Canada in association with Levaquin. Common complaints among patients who have been prescribed Levaquin are tendon rupture and other forms of tendon damage specifically to the Achilles tendon, the rotator cuff, the bicep, the hand, and the thumb; however, tendon rupture and damage has been known to occur in other areas as well. These injuries can take months to repair and that can be after a painful, invasive surgical and rehabilitative process.

In 2008, after mounting pressure from the health advocacy group Public Citizen, the FDA ordered the manufacturers of Levaquin to implement a Black Box warning to Levaquin. This is the strongest warning the FDA can issue short of a recall. Allegations against the manufacturers of Levaquin assert that Levaquin is a hazardous drug which can cause an increase in tendon rupture and damage in comparison to similar fluroquinolones on the market. The allegations further assert that the makers of Levaquin were or should have been aware of this and should have disclosed it to ensure the health and safety of the people who have been prescribed Levaquin.

Patients taking Levaquin should consult with their physician should they have any concerns with regard to continuing or discontinuing their use of Levaquin.

Reglan

Investigations are ongoing with regard to claims concerning the health hazards of the drug Metoclopramide for a potential Class Action lawsuit. Metoclopramide is sold under the brand names Reglan, Apo-Metoclop, Metoclopramide hydrachloride, Metoclopramide Omega, Nu-Metoclopramide, and PMS-Metoclopramide.

Metoclopramide medications are commonly prescribed to treat heartburn and indigestion associated with gastrointestinal reflux disease (GERD), as well as nausea and vomiting caused by diabetic gastroparesis or pregnancy.

Although it is only intended for short-term use (4-12 weeks), Metoclopramide has often been prescribed for longer periods of time due to inadequate product warnings. With prolonged use, Metoclopramide medications can cause a neurological condition known as Tardive dyskinesia, a mentally and emotionally painful condition, which is characterized by the following symptoms:

Involuntary, repetitive movements of the face or extremities

Lip smacking, grimacing, tongue protrusion, and rapid eye movements or blinking

Puckering and pursing of the lips

Impaired movement of the fingers

These symptoms are rarely reversible, and there is no known treatment. However, in some patients, symptoms may lessen or resolve after Metoclopramide treatment has stopped.

Those at the greatest risk of developing Tardive dyskinesia as a result of the drug Metoclopramide are the elderly, especially older women, and those who have been taking the drug for a prolonged period of time. The development of Tardive dyskinesia is directly related to the length of time a person takes Metoclopramide and the number of doses taken.

Recently published analyses suggest that Metoclopramide is the most common cause of drug-induced movement disorders. Another analysis of study data by the FDA showed that about 20 percent of patients in that study who used Metoclopramide took it for longer than three months. The FDA has also become aware of continued spontaneous reports of Tardive dyskinesia in patients who have used Metoclopramide. The majority of who had taken the drug for more than three months.

In 2009, the FDA required the makers of all drugs containing Metoclopramide to add a "black box" warning - the strongest warning -to their products. Manufacturers will also be required to implement a risk evaluation and mitigation strategy, or REMS, to ensure patients are provided with a medication guide that discusses the risk of developing Tardive dyskinesia when consuming Metoclopramide.

It is alleged that through inadequate research methods the manufacturers of Metoclopramide failed to properly warn the medical community and patients of the associated risk of developing Tardive dyskinesia when consuming Metoclopramide.

Patients taking Metoclopramide should consult with their physician should they have any concerns with regard to continuing or discontinuing their use of Metoclopramide.

Yasmin

On June 10, 2010 a common law class proceeding was filed on behalf of all Canadian residents who have been prescribed Yasmin and Yaz.

Yasmin & Yaz (which are manufactured by Bayer AG and its subsidiaries) are prescription birth control medications which unlike other contraceptives on the market contain a "fourth generation" progestin called drospirenone. Yasmin and Yaz were approved for sale in Canada in 2004 and 2008 respectively. During the brief time that Yasmin and Yaz have been approved for sale in Canada, a total of over 120 reports of injury and death have been submitted to Health Canada in association with the Defendants' products. Among the more common complaints are cases of deep vein thrombosis, blood clots, strokes, heart attacks, and pulmonary embolisms.

Numerous studies and papers have been published in reputable journals concerning the safety of both Yasmin and Yaz.

In April 2002, the British Medical Journal reported that the Dutch College of Medical Practitioners recommended that older, second generation birth control pills be prescribed instead of Yasmin as a result of 40 cases of venous thrombosis among women who had taken Yasmin.

In February 2003, a paper entitled Thromboembolism Associated with the New Contraceptive Yasmin was published in the British Medical Journal detailing a Netherlands Pharmacovigilance Centre report of five additional reports of thromboembolism, including two deaths, where Yasmin was suspected to be the cause.

More recently, in August 2009, the British Medical Journal published the results of a national follow-up study which concluded the oral contraceptives containing drospirenone, such as Yasmin and Yaz, are associated with a significantly higher risk of venous thromboembolism than other oral contraceptives.

Patients taking Yasmin or Yaz should consult with their physician should they have any concerns with regard to continuing or discontinuing their use of Yasmin or Yaz.