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Premarin Premplus Class Action Settlement

​Intro​du​ction

The Supreme Court of British Columbia approved a settlement of the class action Stanway v. Wyeth Canada Inc., et al.  This class action concerned allegations that the Defendants' hormone therapy drugs, Premplus, and Premarin when used in combination with a progestin, caused breast cancer.

The Defendants agreed to pay compensation to settle the allegations in the lawsuit.   This money is available to compensate Class Members, and to pay public health insurers for their subrogated costs, as well as to pay legal fees and expenses related to the prosecution of this class action.

Please visit this Website regularly as it will be updated with news and Court approved documents throughout the administration of the Settlement.

1. Who is Eligible for the Settlement?

To be eligible to participate in this 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 in the 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.

2. When is the claim filing deadline?

To ensure that you remain eligible for compensation under the Settlement, your completed claim form and supporting medical documentation must be submitted to the Claims Administrator either electronically or postmarked on or before June 29, 2016.

3. How can I submit my Claim Form?

You can submit your Claim Form and supporting medical documentation in the following manner: 

a) by hyperlink, please see section below titled "Online Claims System"; or
b) by email to premarinpremplus@deloitte.ca; or 
c) by post to the following mailing address:     

           Deloitte LLP
           c/o Claims Administrator
           Premarin-Premplus Class Action
           PO Box 49279, Four Bentall Centre
           2800-1055 Dunsmuir Street
           Vancouver, BC V7X 1P4 

 

​​​​Online Claims System

In order to be eligible for compensation under the Settlement, you must complete a Claim Form. The claims deadline to submit your completed claim, including supporting medical documents, is June 29, 2016.  All claims must have been submitted electronically, emailed or postmarked on or before the claims deadline. 

Class Members are able to complete the necessary forms on-line though the on-line claims system. This system will assist Class Members in the completion of their forms to ensure all necessary information is submitted to the Claims Administrator. The on-line claims system is a secure site which allows Class Members to complete the necessary forms, change addresses as appropriate and submit questions to the Claims Administrator. 

If you are the representative, acting on behalf of a class member, you will also be able to complete the necessary forms on-line though the on-line claims system.  You must provide proof of your authority to act as the representative. 

To complete the Claim Form online, you will need your supporting medical documentation.  Please have these on hand when you begin the on-line filing process. 

Please click here to request your User Name and Password.. Click here to reach the online Claims System.

A claim form can also be downloaded, completed electronically and emailed to the Claims Administrator, the Claim Form is available here.  The supporting medical documentation can be emailed or mailed to the Claims Administrator.

 

Claim Forms​​

Adobe Acrobat is required to view these documents. To download Adobe Acrobat, click here.

Main Documents and Notices

  1. Form A Claim Form-Rev (EN).pdf
  2. Form B Declaration (EN).pdf
  3. Claim Form Package Instructions (EN).pdf         

 

Court Documents

Adobe Acrobat is required to view these documents. To download Adobe Acrobat, click here.

Main Documents and Notices

  1. Notice of Settlement Approval (EN).pdf
  2. Settlement Agreement (without schedules).pdf
  3. Schedule B to the Settlement Agreement - Distribution Protocol.pdf
  • The Distribution Protocol sets out the Membership and Threshold Eligibility to participate in the Settlement as well as the procedures related to the administration of claims.  The changes made by the Addendum to Settlement Agreement dated March 27, 2015 have been incorporated into the Distribution Protocol. 

 

FAQ​

 

Last updated: June 1, 2015

  1. What is a class action?
  2. What is the Stanway v. Wyeth Canada Inc. Class Action Settlement?        
  3. What are the terms of the Settlement Agreement?
  4. Who is eligible to participate in the Settlement?        
  5. Who is excluded from participating in the Settlement?
  6. Who is a Class Member and what is the Class Period?
  7. Who are the Defendants?
  8. Who is Class Counsel?
  9. Who is the Claims Administrator and what is its role?
  10. How do I communicate with the Claims Administrator?
  11. Where can I find more information about this Settlement?
  12. What is an Opt-In form and what was the deadline for submission?
  13. If I did not Opt-In, can I still participate in the Settlement?        
  14. How does the settlement work?
  15. How do I participate in the settlement?
  16. When is the claim filing deadline?
  17. How can I submit my Claim Form?
  18. What medical records need to be provided as supporting documentation?
  19. Who should submit the Form B – Health Care Provider Declaration?
  20. How much money will I receive?
  21. How are points awarded through the Point Allocation System?
  22. How will I know the Claims Administrator received my claim?
  23. When will compensation be paid to Class Members with approved claims?
  24. How can a Class Member appeal the decision of the Claims Administrator?
  25. If I represent the Estate of a deceased Class Member can I file a claim under the Settlement?
  26. How do I update my address and contact information?
  27. If I have forgotten my password, how do I reset it?

 

What is a class action?

A class action is a lawsuit filed by a person or an entity on behalf of a group of people who have a common claim. Class actions are usually filed when it is not economically feasible to launch several relatively small individual lawsuits. [top]

What is the Stanway v. Wyeth Canada Inc. Class Action Settlement?

The Supreme Court of British Columbia approved a settlement of the class action Stanway v. Wyeth Canada Inc., et al.  This class action concerned allegations that the Defendants' hormone therapy drugs, Premplus, and Premarin when used in combination with a progestin, caused breast cancer.

The Defendants agreed to pay compensation to settle the allegations in the lawsuit.   This money is available to compensate Class Members, and to pay public health insurers for their subrogated costs, as well as to pay legal fees and expenses related to the prosecution of this class action. [top]

What are the terms of the Settlement Agreement?

The Defendants will pay the sum of $13,650,000 (Canadian) in full and final settlement of all claims against them. The settlement monies will be distributed in accordance with the terms of the Settlement. [top]

Who is eligible to participate in the Settlement?

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. 

You must also submit a claim package and provide medical records establishing each of the following:

  • you must have taken Premplus, or Premarin in combination with progestin for 2 years starting during the Class Period (January 1, 1977 to December 1, 2003);
  • you must have stopped taking Premplus, or Premarin in combination with progestin on or before January 1, 2005;
  • 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;
  • you must have been diagnosed with breast cancer on or before January 1, 2008; and
  • 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. [top]

Who is excluded from participating in the Settlement?

Any individuals not residing in British Columbia who did not deliver an opt-in form to Class Counsel on or before Friday, October 10, 2014, are excluded from participating in the Settlement. [top]

Who is a Class Member and what is the Class Period?

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 are defined as Class Members under the terms of the Settlement.

The Class Period runs from January 1, 1977 until December 1, 2003, inclusive. [top]

Who are the Defendants?

The Defendants are Wyeth Canada Inc., Wyeth Pharmaceuticals, Inc., Wyeth Holdings Canada Inc., Wyeth Canada, Wyeth-Ayerst International Inc. and Wyeth. [top]

Who is Class Counsel?

The law firm representing the plaintiff (the person who is named as the representative of the class in the legal action) is:

Klein Lawyers

400-1385 West 8th Avenue

Vancouver, BC V6H 3V9

Telephone:  604-714-6159   [top]

Who is the Claims Administrator and what is its role?

Deloitte LLP has been appointed as Claims Administrator.  The Claims Administrator is an independent third party appointed by the Court to administer the terms of the Settlement and is not affiliated with the Plaintiff or the Defendants. The Claims Administrator's role is to process and evaluate the claims of the Class Members and distribute benefits in strict accordance with the Settlement. The Claims Administrator manages the Settlement Fund under the ongoing supervision of the Court.  [top]

How do I communicate with the Claims Administrator?

The Claims Administrator can be contacted through any of the following:

Settlement website                     www.classaction.deloitte.ca/premarinpremplus

Claims Administrator email           premarinpremplus@deloitte.ca

Toll free number                          1-866-770-0057

Mailing Address                           Deloitte LLP

c/o Claims Administrator

Premarin-Premplus Class Action

PO Box 49279, Four Bentall Centre

2800-1055 Dunsmuir Street

Vancouver, BC  V7X 1P4  [top]

Where can I find more information about this Settlement?

The Settlement Agreement and legal notices describes the terms of the Settlement and outlines the rights of the Class Members under that Settlement. You may download the Notice at www.classaction.deloitte.ca/premarinpremplus.    [top]

What is an Opt-In form and what was the deadline for submission?

An Opt-In form is a document that Class Members had to submit containing their name and contact information.  It had to be signed, dated and sent by mail, email or fax to Class Counsel (Klein Lawyers) on or before October 10, 2014.  The deadline for opting into the settlement has expired.  [top]

If I did not Opt-In, can I still participate in the Settlement?

If you did not complete an Opt-In form you can only participate in the settlement if you were a resident of British Columbia on at least one of the dates listed below and you are able to provide supporting documents to show residency in British Columbia. 

  • The Class Member was a resident of British Columbia on August 4, 2011; or
  • The Class Member was a resident of British Columbia on August 25, 2014; or
  • The Class Member was a resident when she was prescribed Premplus, or Premarin in combination with progestin in British Columbia; or
  • The Class Member was a resident when she was treated for breast cancer in British Columbia.  [top]

How does the settlement work?

Class Members must submit their claims to the Claims Administrator on or before June 29, 2016.  Upon receipt, the Claims Administrator will review the submitted claims against the criteria set out in the Settlement Agreement to determine which claims are eligible for compensation and how much each eligible claimant is entitled to receive as payment.

Claims are assigned points based on the supporting medical records that are submitted that show the duration that the Class Member used Premplus and/or Premarin in combination with progestin and the diagnosis and treatment of breast cancer. 

Once the final number of total eligible claimants is known, a monetary value will be determined by the Claims Administrator on a per-point basis and payments will be calculated and paid out accordingly.  [top]

How do I participate in the settlement?

If you meet the Class Member definition and the eligibility criteria specified under the terms of the settlement, then you will need to submit a Form A - Claim Form and supporting medical documentation in order to participate in the settlement.  You may also need to submit a Form B - Health Care Provider Declaration if the Class Member's supporting documentation does not specifically refer to ingestion or prescription of Premplus or Premarin in combination with progestin, or establish diagnosis, treatment and nature of the breast cancer.  [top]

When is the claim filing deadline?

To ensure that you remain eligible for compensation under the Settlement, your completed Form A - Claim Form and supporting medical documentation must be submitted to the Claims Administrator either electronically or postmarked on or before June 29, 2016. It is important that you review the instructions and forms now to determine what supporting documents are required as these will be required to be submitted with your claim. [top]

How can I submit my Claim Form?

You can submit your Claim Form and supporting medical documentation in the following manner:

  1. online at www.classaction.deloitte.ca/premarinpremplus or
  2. by email to premarinpremplus@deloitte.ca; or
  3. by post to the following mailing address:

    Deloitte LLP

    c/o Claims Administrator

    Premarin-Premplus Class Action

    PO Box 49279, Four Bentall Centre

    2800-1055 Dunsmuir Street

    Vancouver, BC  V7X 1P4    [top]

What medical records need to be provided as supporting documentation?

Proof of prescription (e.g. prescription records, receipts, empty pill bottles, doctor records, hospital records, insurance records, College of Pharmacy records, etc.)         

Proof of diagnosis and treatment of breast cancer (e.g. doctor records, hospital records, Cancer society records, clinical records, pathology records, laboratory records, etc.)  [top]

Who should submit the Form B – Health Care Provider Declaration?

Not every Class Member needs to submit a Form B - Health Care Provider Declaration.  Form B only needs to be completed by the Class Member's doctor or doctors, if: 

  • You are submitting prescription records that do not refer to the brand names Premplus and/or Premarin in combination with progestin.  Some doctors will use non-specific terms or short-hand such as "HT" or "HRT" or "hormone therapy" in the records.   The Form B is required if there is no indication in the document or any other supporting medical document you are submitting to determine whether it is a reference to the brand name drug  or a reference to a generic brand of hormone therapy. 

    and/or
  • You do not have medical records to support the diagnosis and treatment of the Class Member's breast cancer. A physician familiar with the Class Member's breast cancer diagnosis and treatment can complete a Form B to confirm the information related to the diagnosis and treatment of breast cancer.  [top]

How much money will I receive?

After the Claims Administrator has determined the point allocation of all Class Member claims, and has deducted money owed to the Public Health Insurers, the Claims Administrator shall distribute the Settlement Fund on a Pro Rata basis.  The dollar value of each point awarded under the Distribution Protocol will depend upon the total number of points awarded to all Class Members, and the amount of money remaining in the Settlement Fund. [top]

How are points awarded through the Point Allocation System?

The maximum score that a Class Member may receive under this Points Allocation System is 200 points. Class Members will be awarded points on the following basis:

            Category Duration of Exposure to Premarin and Progestin and/or Premplus Timing of Subsequent Diagnosis of Hormone Positive Points
A*5 years or moreWithin 1 year of  last use of the Drugs100
B*5 years or moreMore than 1 year, but less than 3 years from last use of the Drugs50
C*More than 2 years, but less than 5 yearsWithin 1 year of last use of the Drugs50
DMore than 2 years, but less than 5 yearsMore than 1 year, but less than 3 years from last use of the Drugs20

*  If a Class Member falls in Categories A, B or C, then she will also be entitled to additional points with respect to the treatment and severity of their breast cancers.  Category D does not qualify for additional points.

Treatment and Severity Points Points
Single Mastectomy25
Double Mastectomy50
Radiation10
Chemotherapy10
Positive lymph nodes (1-3 positive nodes)25
Positive lymph nodes (> 3 positive nodes)50
Confirmed Metastasis of breast cancer100

 

Final Point Calculation

Overall

Points

Category Points + Treatment and Severity Points (if applicable).    
Class Members who continued taking the Drugs on or after January 1, 2004, shall have their points score reduced by 25%.-25% 
Class Members who continued taking the Drugs on or after July 1, 2004, shall have their points score reduced by 50%.-50% 
The maximum score that a Class Member may receive under the Points Allocation System is 200 points.  Reduced to 200 

 [top]

How will I know the Claims Administrator received my claim?

Upon receipt of a claim submission, the Claims Administrator will send each Class Member an acknowledgement email or mail communication.  [top]

When will compensation be paid to Class Members with approved claims?

Payments to approved Class Member claims will commence after the claims deadline has passed and all claims have been reviewed and finalized.  [top]

How can a Class Member appeal the decision of the Claims Administrator?

A Class Member may appeal the decision of the Claims Administrator, on the Class Member's eligibility in the Settlement and the point allocation of their claim, within 30 days of the Claims Administrator sending notice of their decision. The Class Member must notify the Claims Administrator and Class Counsel in writing of their intent to appeal the decision. The appeal will be determined by the Supreme Court of British Columbia on the basis of written submissions, there will be no oral hearing of appeals.  [top]

If I represent the Estate of a deceased Class Member can I file a claim under the Settlement?

Should a deceased Class Member be eligible for settlement benefits, you may file a claim to receive compensation as the deceased Class Member's legal representative.

A representative of a Class Member will need to provide documents to support their position as authorized representative.  Examples are a Power of Attorney, Letters of Probate, Will, Death Certificate, etc.  [top]

How do I update my address and contact information?

Please notify the Claims Administrator via email at premarinpremplus@deloitte.ca, or toll free at 1-866-770-0057 of any changes or corrections in mail/email address, name, telephone number, etc. [top]

If I have forgotten my password, how do I reset it?

If you have forgotten your password, please contact the Claims Administrator via email at premarinpremplus@deloitte.ca and you will be advised how to obtain a new password. [top]

 

Contact Us​

If you have further questions regarding the administration of the Settlement, please read the FAQ section above.

The Claims Administrator is available via mail, email, or telephone:

Address

Deloitte LLP 
c/o Claims Administrator 
Premarin-Premplus Class Action
PO Box 49279, Four Bentall Centre
2800-1055 Dunsmuir Street
Vancouver, BC V7X 1P4

Email

premarinpremplus@deloitte.ca

Phone 1-866-770-0057