ALLERJECT® RECALL CLASS ACTION SETTLEMENT
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 Settlement is subject to approval of the courts in Quebec and Saskatchewan (the “Courts”) and individuals who purchased, used, ingested or acquired an Allerject Device, or those claiming through them, have an opportunity to Opt-Out of the Settlement by April 8, 2019. The Class Actions have been certified for the purposes of approving the Settlement.
The Settlement provides for the following benefits for the Settlement Class Members (as defined below) who, in exchange for a full release of claims against the Defendants and other related entities, will be entitled to the following:
- Individuals who: (1) having used a non-expired Allerject Device due to an allergic reaction; (2) allege they suffered personal injury; and (3) can establish they required additional medical treatment as a result of the Allerject Device not functioning properly, will be 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; and
- Individuals who: (1) were not required to use their Allerject Device; (2) that have not already obtained a replacement device in furtherance of the Recalls; and (3) 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.allerjectrecallsettlement.com 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.
RIGHT TO PARTICIPATE OR OPT-OUT
You are a Settlement Class Member if 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.
If you qualify as a Settlement Class Member and wish to participate in the Settlement, you do not need to do anything at this time. Settlement Class Members who do not opt out will be bound by the Settlement and the releases in it, and will be entitled to share in any of the benefits that may become available to them as Settlement Class Members, provided that they proceed within the timeframes provided for in the Settlement Agreement to advance their claims or obtain a replacement device.
If you are a Settlement Class Member and you do not wish to participate in the Settlement, then you must opt out.
The deadline to opt-out of the Settlement and the Class Actions is April 8, 2019.
Opt-out forms are available at on the Opt-Out section of this website.
By opting out, you are choosing:
- not to take part in the Settlement;
- not to participate in any way in the Class Actions, AND
- not to participate in any benefits arising from the Settlement or the Class Actions.
Settlement Class Members who opt-out will not be bound by the Settlement or the releases in the Settlement, but will also not be entitled to share in any of the proceeds that may become available to Settlement Class Members as part of the Settlement. The Class Actions will be dismissed as part of the Settlement.
There will be no further opportunity to opt-out of the Settlement or the Class Actions.