CLAIMS DEADLINE: SEPTEMBER 10, 2019

To be eligible for an indemnity if you are a qualifying Settlement Class Member, you must file a Claim Form before September 10, 2019.

Claim Form (View) | Download)
We recommend that you use only the official Acrobat Reader to open the Claim Form. This can be download for free from https://get.adobe.com/reader. Versions for Windows and Mac are available. You can also use Google Chrome to open the PDF.

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.

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:

  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 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;

and

b) 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.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:

  1. Personal information and your coordinates;
  2. The receipt for the purchase of an Allerject Device;
  3. 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.