A Canada-wide Settlement Agreement of class actions brought in multiple provinces on behalf of persons who were prescribed and ingested OxyContin and/or OxyNEO has been approved and is in effect.
Who does the settlement affect?
The settlement was approved on behalf of the following people:
1. All persons in Canada, including their estates, who at any time between January 1, 1996 and February 28, 2017 were prescribed (in Canada) and ingested Oxycontin and/or OxyNEO tablets (“Class Members”); and
2. All persons in Canada with a personal relationship to a Class Member who qualify to bring a claim for damages under the Ontario Family Law Act or equivalent legislation in other provinces or territories (“Family Class”).
Note: To be eligible for compensation, a Class Member must have consumed OxyContin and/or OxyNEO for the first time by way of a prescription written by a healthcare provider, developed an addiction and suffered one or more other injuries as a result.
A list of OxyContin- and/or OxyNEO-related injuries can be found in Exhibit “B” in the Settlement Agreement.
What is in the settlement?
The settlement provides for a $20,000,000 settlement fund. This fund will be used to compensate eligible Class Members and Provincial Health Insurers for relevant health care expenses, and will also cover the cost of claims administration, legal fees, disbursements and any taxes.
Compensation for an individual Class Member is determined based on the number of points awarded by the Administrator after review of the Claim Form and supporting evidence submitted. The points system used is outlined in Exhibit “B” in the Settlement Agreement.
The exact amount that an eligible Class Member will receive will not be known until all claims are processed by the Administrator and administration is completed.
What do I have to do and by when?
To make a claim for compensation, you must submit a Claim Form together with documentation proving that:
- You were prescribed OxyContin and/or OxyNEO during the relevant time period;
- You subsequently developed an addiction; and
- That you are not excluded as a Class Member because of addiction and/or substance abuse problems existing before you were prescribed OxyContin and/or OxyNEO.
Higher compensation is available for Class Members who have suffered specific injuries, for which additional evidence is required. These injuries include:
- Suicide attempt
- Participation in a treatment program
- Methadone use
- Loss of employment, professional license, child custody, and/or housing during the addiction period
This list is not exhaustive.
Where the required documents are not available, you may be able to submit a sworn affidavit providing the relevant information.
More information on how to prepare and file a claim and documents acceptable as proof of prescription, addiction and injury can be found here.
The Claim Form and supporting documents must be received by the Administrator (RicePoint Administration Inc.) no later than February 27, 2024.