Q
Premarin® & Premplus® Settlement
Frequently asked questions (FAQs)
1. What is a class action lawsuit?
A class action is a type of lawsuit in which one or more persons, referred to as representative plaintiffs, are approved by the Court to bring a lawsuit on behalf of all of the members of a similarly situated group who have similar claims, except for those who choose to exclude themselves. In a class action, it is not necessary for each member to file an individual lawsuit, incur all of the expenses, or appear as an individual plaintiff.
2. What is this litigation about?
This litigation concerns the drugs, Premarin® and Premplus®.
The allegations were that the Defendants’ drugs, Premarin® and Premplus®, cause breast cancer, and that the Defendants failed to provide an appropriate warning of the risk of breast cancer.
3. What are the details of this Settlement?
A $2.4 million fund has been established to pay compensation to class members, public health insurers, legal fees, disbursements, and administration costs, but the exact dollar amount that each Claimant receives will depend on their use and exposure to the Drugs, the nature and severity of their injuries, and the number of claimants who seek compensation from the fund.
The Settlement Amount is intended to compensate the Class Members in relation to Claims arising from the Allegations, to pay the Public Health Insurer Claims, to pay monies owing by the Class for Administration Costs, Class Counsel Fees, to the FAAC and any such other amounts, including without limitation any taxes, as may be payable in relation to the settlement and Actions. The Settlement Amount is not intended to pay for claims which are not part of the Allegations.
A copy of the Settlement Agreement is available here.
4. What is the Stanway Proceeding?
This refers to the certified class proceeding commenced in British Columbia under the style of cause Dianna Louise Stanway v Wyeth Canada Inc., Wyeth Pharmaceuticals Inc., Wyeth Holdings Canada Inc., Wyeth Canada, Wyeth-Ayerst International Inc., and Wyeth, Supreme Court of British Columbia (Vancouver) No. S111075, a settlement of which was approved by the British Columbia Court at Stanway v Wyeth Canada Inc., 2015 BCSC 983 on June 10, 2015.
5. Who is a Stanway Proceeding Class Member?
Any woman who, as of August 25, 2014 (the deadline for opting in or out of the Stanway Proceedings), was a resident of British Columbia or who delivered an opt-in form in respect of the Stanway Proceedings on or before Friday, October 10, 2014, and who was prescribed Premplus®, or Premarin® in combination with Progestin, in Canada during the period that runs from January 1, 1977 to December 1, 2003 and ingested Premplus®, or Premarin® in combination with Progestin, and were thereafter diagnosed with breast cancer.
6. Who can receive compensation?
Claimants who satisfy the Membership and Threshold Eligibility for either Group A or Group B can receive compensation. Click here for more details.
7. How do I know if I am Group A or Group B?
Group A Claimants are those who were not class members in the Stanway Proceedings because they did not “opt-in” to the Stanway Proceedings, but who otherwise meet the Stanway Proceedings threshold eligibility criteria.
Group B Claimants are those who were not class members in the Stanway Proceedings because they only began using Premarin® or Premplus® on or after December 2, 2003.
8. How will the settlement monies be distributed?
If the conditions establishing the Membership Eligibility and Threshold Eligibility are met as per Group A or Group B criteria, Claimants shall receive points with respect to the duration of exposure to the Drugs and timing of subsequent diagnosis of hormone positive breast cancer.
Group A:
Group B:
Note: Any amounts remaining in the Compensation Fund after deduction of the Administration Costs, Public Insurer Claims and Initial Class Counsel Fees as approved by the Court, shall be paid to the Defendants.
9. How can I submit a claim for compensation?
Mail or courier your completed Claim Form and any supporting documentation to the Claims Administrator at:
Premarin®/Premplus® Settlement
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Mailed claim submissions must be postmarked by no later than January 20, 2025.
OR
Email your completed Claim Form and any supporting documentation to: info@PremarinClassActionCanada.ca.
10. Where can I get more information on this case?
For more information about the Settlement, you may contact the Claims Administrator or Class Counsel at the information below or consult the executed Settlement Agreement available here.
Claims Administrator
Settlement Class Counsel
Merchant Law Group LLP
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