Notice of Settlement Approval
Click here to read the Notice in English or in French:
Class Action Settlement Approved
On April 2, 2015, Madam Justice Gropper approved the settlement agreement in this Class Action and determined that it was fair and reasonable and in the best interest of the class as a whole. To read her decision dated June 10, 2015 please click here:
The Settlement Agreement and the Distribution Protocol are posted in our Court Documents Section here.
Deadline to participate in the Settlement
The deadline to submit a claim in this settlement is June 29, 2016. To be eligible to participate in the Settlement you must be a member of the Class, or the estate or legal representative of a Class member, and if you are not a resident of British Columbia you must have already delivered an opt-in form to join the class action lawsuit on or before October 10, 2014.
The Class is defined as: women who were prescribed Premplus, or Premarin in combination with progestin during the Class Period and ingested Premplus, or Premarin in combination with progestin and were thereafter diagnosed with breast cancer.
The Class Period runs from January 1, 1977 until December 1, 2003, inclusive.
To be eligible to receive compensation:
1. You must complete the Claim Package and provide prescription and medical records to the Claims Administrator establishing each of the following:
a. you must have been prescribed Premplus, or Premarin in combination with progestin in Canada for 2 years starting during the Class Period (January 1, 1977 to December 1, 2003);
b. you must have stopped taking Premplus, or Premarin in combination with progestin on or before January 1, 2005;
c. you must have been diagnosed with hormone positive breast cancer after the first use and within 3 years of the last use of Premplus, or Premarin in combination with progestin;
d. you must have been diagnosed with breast cancer on or before January 1, 2008;
e. if you are the estate representative a deceased class member, then the class member must have been alive as of July 7, 2002, or later; and
f. you must have opted-in to the class action before October 10, 2014 or be able to provide documents to show that you were a resident in British Columbia:
– when you were prescribed Premplus and/or Premarin in combination with progestin in British Columbia; or
– when you were treated for Breast Cancer in British Columbia; or
– on either August 14, 2011 or August 25, 2014.
2. You must send the Claim Package and records to the Claims Administrator before the deadline of June 29, 2016.
The Claims Administrator appointed by the court is Deloitte LLP. The role of the Claims Administrator is to receive and review the Claim Packages in accordance with the terms of the Settlement and determine who meets the eligibility criteria for payment. Claim Packages are available online on the Claims Administrator’s website at:
The Claim Package is detailed document. It requires that you send in prescription records to show that you took Premplus and/or Premarin in combination with progestin during specific periods of time as well as records supporting your diagnosis and treatment of breast cancer. We suggest you review the Claim Package as soon as possible as it may take some time to gather the necessary records.
Only class members who meet the eligibility requirements will receive a payment. The eligibility requirements are set out in the Claim Package and on the Claims Administrator’s website in the Frequently Asked Questions section. Please do not hesitate to contact Klein Lawyers at 604-714-6159 should you have any questions.