Alysena pregnancy risk $2.03M class action settlement

Update:

• The claims process for this settlement has opened.
• Claim forms must be submitted no later than July 10, 2024.

Manufacturers and distributors of Alysena agreed to pay $2.03 million to resolve a class action lawsuit claiming the birth control medication does not prevent pregnancy as effectively as advertised.

The settlement benefits Canadians who became pregnant while taking Alysena purchased in Canada as directed for contraceptive purposes between Dec. 22, 2017, and March 8, 2018, regardless of whether they carried the pregnancy to term.

The settlement also benefits Canadians who were prescribed Alysena 21 or Alysena 28 for contraceptive reasons, who purchased and took the medication between Feb. 9, 2017, and Oct. 31, 2019, who did not become pregnant but suffered anxiety upon learning of the possible increased risk of pregnancy and who sought medical advice as a result of the 2018 recall letter.

Plaintiffs in the Alysena class action lawsuit accused the manufacturer and distributor of selling defective birth control pills that did not effectively prevent pregnancy as intended. 

Alysena is a birth control pill distributed by Apotex. In 2018, multiple lots of the birth control pills were recalled after the packages were found to contain chipped pills that may not contain enough of the active ingredient to prevent pregnancy. 

Apotex and Laboratorios Leon Farma haven’t admitted any wrongdoing but agreed to a $2.03 million class action settlement to resolve the allegations.

Under the terms of the settlement, class members may be able to recover a cash payment. 

Exact payments will vary depending on each class member’s circumstances, according to the settlement website. No payment estimates are available at this time.

The deadline for exclusion and objection was May 7, 2023.

The final approval hearing for the settlement was scheduled for Aug. 11, 2023.

Claim forms must be submitted by mail or email no later than July 10, 2024.

Who’s Eligible

Class A: Canadians who became pregnant while taking Alysena purchased in Canada as directed for contraceptive purposes between Dec. 22, 2017, and March 8, 2018, regardless of whether they carried the pregnancy to term.

Class B: Canadians who were prescribed Alysena 21 or Alysena 28 for contraceptive reasons, who purchased and took the medication between Feb. 9, 2017, and Oct. 31, 2019, who did not become pregnant but suffered anxiety upon learning of the possible increased risk of pregnancy and who sought medical advice as a result of the 2018 recall letter.

Potential Award

Varies

Proof of Purchase

Proof of the class member’s Alysena prescription for contraceptive purposes between Dec. 22, 2017, and March 8, 2018; those who carried their pregnancy to term must provide documentation such as clinical records from their family doctor contemporaneous with the pregnancy or childbirth, clinical reports from specialists or health care practitioners documenting or confirming the complications or extra needs of the child, medical notes or letters indicating a specific diagnosis of their child as related to a complication or medical condition or a formal designation of extra needs of the child from a school or government entity.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: You are harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Deadline

07/10/2024

Case Name

Emmett v. Apotex Inc., et al., Case No. S189260, in the Supreme Court of British Columbia

Final Hearing

08/11/2023

Settlement Website

AlysenaClassAction.ca

Claims Administrator

Alysena Class Action Administrator
c/o Epiq Class Action Services Canada Inc.
PO Box 507 STN B
Ottawa ON K1P 5P6
info@AlysenaClassAction.ca

Class Counsel

Anthony Leoni 
Jesse Kendal
RICE HARBUT ELLIOTT LLP 

EF Anthony Merchant
Anthony Tibbs
MERCHANT LAW GROUP LLP

Defense Counsel

Angus T McKinnon 
Jacqueline Palef 
LERNERS LLP 

Matthew Pierce 
FARRIS LLP

Frank McLaughlin
Dorothy Charach
Emilie Bruneau 
MCCARTHY TÉTRAULT LLP

Brent Johnston 
NASH JOHNSTON LLP