ALLERJECT® RECALL CLASS ACTIONS SETTLEMENT
If you purchased or used an Allerject® epinephrine auto-injector after December 11, 2012, your rights are affected by this national class action settlement.
CLAIMS DEADLINE: SEPTEMBER 10, 2019
THE CLASS ACTIONS
An Allerject® epinephrine auto-injector (“Allerject Device”) is a medical device that is used in emergency situations as a first-line response to severe allergic reactions, either through self-injection or with the assistance of a caregiver. Class action lawsuits were commenced in Quebec and Saskatchewan (collectively, the “Class Actions”) against, inter alia, Sanofi-Aventis Canada Inc. and Medivative Technologies LLC (the “Defendants”) following a voluntary recall in 2015 of Allerject Devices sold in Canada (the “Recalls”).
The Plaintiffs in the Class Actions allege that the Allerject Devices were defective and that the Defendants failed to timely and properly implement the Recalls. The Plaintiffs seek damages and other relief from the Defendants. The Defendants deny any wrongdoing or liability. Nonetheless, a national settlement has been reached whereby all claims by those who purchased, used, ingested or acquired the Allerject Devices between December 11, 2012 and the present date will be settled (the “Settlement”). A full copy of the Settlement Agreement is available in the Court documents section of this website.
The Class Actions have been certified/authorized and the Settlement has been approved by the courts in Quebec and Saskatchewan (the “Courts”). This puts an end to the Class Actions.
You are a Settlement Class Member and bound by the Settlement if, not having opted-out, at any time after December 11, 2012, you purchased, used, ingested or acquired an Allerject Device in Canada or are the spouse, child or relative of anyone who purchased, used, ingested or acquired an Allerject Device, and by reason of your relationship with that person are entitled to advance a claim.
You may no longer opt-out or object to the Settlement. Advancing a claim under the Settlement or seeking an exchange of your Allerject Device are the only remedies and the only relief the Settlement Class Members have in relation to the Class Actions and the Recalls. All other claims against the Defendants in relation to the Class Actions and the Recalls are now captured by a full release and not permitted.
THE SETTLEMENT BENEFITS
The Settlement provides for the following benefits for the Settlement Class Members (as defined above) who are entitled to the following:
a) Individuals who:
- having used a non-expired Allerject Device due to an allergic reaction;
- allege they suffered personal injury; and
- can establish they required additional medical treatment and/or hospitalization as a result of the Allerject Device not functioning properly, are entitled to obtain either $2,000 or $4,000 (or such lesser amount that may be available on a pro-rata basis from the settlement proceeds) upon filing a proof of claim which establishes their entitlement to recovery within the claims deadline;
b) Individuals who:
- were not required to use their Allerject Device;
- that have not already obtained a replacement device in furtherance of the Recalls; and
- still have their Allerject Device, will be entitled to participate in an extended exchange program (the “Extended Exchange Program”) as described in the press releases issued by Sanofi at the time of the voluntary recalls and at www.allerject.ca wherein they will be provided a replacement device at no cost, provided that the Allerject Device is exchanged during an additional period of 12 months after the Settlement has been approved by the Courts.
CLAIMING FROM THE SETTLEMENT FUND AND IMPLEMENTATION OF THE EXTENDED EXCHANGE PROGRAM
To be eligible for an indemnity if you are a qualifying Settlement Class Member, you must file a Claim Form before September 10, 2019.
A. Settlement Class Members who allege they have suffered personal injury
If you contend having suffered personal injury as a result of having used an unexpired Allerject Device that did not provide the expected pharmacological response further to an allergic reaction, or if you are the spouse, child or relative or somebody contending having suffered personal injury in such a context, you may file a claim from the Settlement Fund.
Settlement Class Members who do not timely submit a completed Claim Form shall not be eligible to receive benefits pursuant to the Settlement Agreement but will be bound by the remaining terms of the Settlement.
The Claim Form will require that you provide:
- Personal information and your coordinates;
- The receipt for the purchase of an Allerject Device;
- Medical records establishing the additional emergency medical treatment and/or hospitalization relating to the use of the Allerject Device;
- All the information you are providing will be kept confidential. You may be contacted by the Claims Administrator after having filed your Claim Form.
- Failure to provide all the information and documents in support of the Claim Form may invalidate it and deprive you of all settlement benefits.
- The Claim Form must be signed by you, attesting the truth and accuracy of the information provided therein.
- If your Claim Form is filed timely, is complete and that you are a qualifying Settlement Class Member, you will be receiving an indemnity as per the terms of the Settlement Agreement and your individual circumstances.
B. Extended Exchange Program
If you still have an Allerject Device you may visit your local pharmacy to exchange it for an Epi-Pen© epinephrine auto-injector as described in the press releases issued by Sanofi at the time of the voluntary recalls and at www.allerject.ca at no charge before June 11, 2020.