COURT GRANTS LEAVE TO DISCONTINUE CLAIM AGAINST HIKMA DEFENDANTS IN CANADIAN OPIOIDS CLASS ACTION

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

For more information, please contact: Adam Tanel, Koskie Minsky LLP, [email protected] or 416-595-2072