If you purchased, ingested or consumed Premarin® or Premplus® products and were subsequently diagnosed with breast cancer, you may be eligible for compensation pursuant to a national settlement that was approved by the Superior Court of Quebec.

 

If you are a Class Member, you may make a Claim for payment under the Settlement.

The deadline to make a claim is January 20, 2025.

 

 

Canada Post Service Disruption

 

A Canada Post service disruption may affect the timing of mail sent to or from the Administrator.  If your matter is urgent, we recommend that you use an alternate shipping service, or the email address listed on our Contact Us page.  Thank you for your understanding.

 

 

What is this Class Action about?

 

This litigation concerns hormone therapy for 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.

 

The Settlement was reached between the parties in this lawsuit was approved by the Court, in the amount of $2.4 million CAD. A 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.

 

A copy of the Settlement Agreement is available here.

 

 

Am I Eligible to Receive Compensation?

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To satisfy Membership Eligibility, an individual filing a Claim must establish that:

 

• they were not a resident of British Columbia as of August 25, 2014, or if they were a resident of British Columbia as of August 25, 2014, they did not take the Drugs until after December 2, 2003;
  
  
• if they were a resident of Canada outside of British Columbia as of August 25, 2014, they did not opt in to the Stanway Proceedings;
  
  
• they were prescribed the Drugs in Canada; and
  
  
• they were subsequently diagnosed with breast cancer.

 

Note: A Claimant who was a Stanway Proceeding Class Member or opted in to the Stanway Proceedings does not meet the Membership Eligibility criteria even if, having opted in, they ultimately received no compensation through the Stanway Proceedings settlement.

 

There are two categories of compensation available to Class Members. In addition to meeting the above mentioned Membership Eligibility criteria, please note the threshold eligibility details specific to each group as follows.

 

Group A Claimants:

 

• Claimants 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.
  
  
• Medical records must be provided to satisfy all of the following criteria:

 

• At least two years use of the Drugs pursuant to a prescription, with such use commencing between January 1, 1977, and December 1, 2003 (inclusive);
  
  
• A diagnosis of hormone positive breast cancer after the first use of the Drugs and within three years of last ingestion of the Drugs;
  
  
• The Claimant must have stopped taking the Drugs on or before January 1, 2005, at the latest;
  
  
• If the Claimant is an estate representative, then the deceased person to whom the Claim relates must have been alive as of July 7, 2002, or later; and
  
  
• The Claimant’s breast cancer diagnosis cannot be later than January 1, 2008.
  
  

Note: Individuals who have filed a Claim as a Group A Claimant but who do not satisfy the Membership Eligibility and Threshold Eligibility for Group A Claimants requirements are not entitled to compensation.

 

Group B Claimants:

 

• Claimants who were not class members in the Stanway Proceedings because they only began using the Drugs on or after December 2, 2003.
  
  
• Medical records must be provided to satisfy all of the following criteria:

 

• At least two years use of the Drugs pursuant to a prescription, with such use commencing between December 2, 2003, and December 31, 2006 (inclusive);
• A diagnosis of hormone positive breast cancer after the first use of the Drugs and within five years of last ingestion of the Drugs;
• The Claimant must have stopped taking the Drugs on or before April 1, 2011;
• If the Claimant is an estate representative, then the deceased person to whom the Claim relates must have been alive as of August 10, 2008, or later; and
• The Claimant’s breast cancer diagnosis cannot be later than May 1, 2011.

 

Note: Individuals who have filed a Claim as a Group B Claimant but who do not satisfy the Membership Eligibility and Threshold Eligibility for Group B Claimants requirements are not entitled to compensation.

 

How is Compensation Calculated?

 

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:

 

• The average Approved Award among all Group A Approved Awards is at most $34,935.00.
  
  
• If prior to weighing, the average Approved Award among all Group A Claimants is less than or equal to $34,935.00, then no further adjustment is required in respect of Group A. If the average Approved Award is greater than $34,935 then each award shall be multiplied by a factor calculated as ($34,935.00 ÷ the Group A average).

 

Group B:

• The average Approved Award among all Group B Approved Awards is at most $3,493.50.
  
  
• If the average Approved Award among Group B Claimants is less than or equal to $3,493.50, then no further adjustment is required in respect of Group B. If the average Approved Award is greater than $3,493.50 each award shall be multiplied by a factor calculated as ($3,493.50 ÷ the Group B average).

 

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.

 

Summary of Your Legal Rights and Options

 

DO NOTHING

 

If you do nothing, you will not be eligible to receive a settlement payment.

SUBMIT A CLAIM

 

All Class Members who did not validly opt-out before March 30, 2023, can submit a claim for payment.

 

If you want to submit a claim for payment, please complete the Claim Form, including all required supporting documentation, and submit to the Claims Administrator.

 

THE DEADLINE TO SUBMIT A CLAIM IS JANUARY 20, 2025.

 

HOW TO SUBMIT A CLAIM

 

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 complete Claim Form and any supporting documentation to: info@PremarinClassActionCanada.ca.