Klein Lawyers, together with co-counsel The Pihl Law Corporation (www.pihl.ca/), have filed a class action on behalf of Gabrielle Marcano and Lyle Folkestad for British Columbia residents who used the bisphosphonate drug Fosamax.
Bisphosphonates are prescription drugs that are used to increase bone density in patients with osteoporosis. However, they have also been known to lead to bone death in the jawbone, a condition known as osteonecrosis or atypical femur fracture. This lawsuit alleges that the defendants, Merck and Proctor & Gamble, failed to disclose this serious side effect to patients and their physicians.
A Canada-Wide Settlement Agreement has been signed on behalf of the Plaintiffs and the defendant Merck Frosst, the makers of Fosamax and/or Fosavance.
The settlement applies to:
(a) All persons in Canada who were prescribed, purchased or used the Bisphosphonate Fosamax and/or Fosavance (including their estates) before October 6, 2015;
(b) All persons who by reason of his or her relationship to a member of the class described in paragraph (a) are entitled to make claims under any Derivative Claim Statute as a result of the death or personal injury of a class member.
Settlement approval hearings have been scheduled in the Saskatchewan Court on June 17, 2016, in the Quebec Court on June 30, 2016 and in the Ontario Court on July 8, 2016.