Miriam Pinkesz  |  October 1, 2020

Category: Drugs

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Jean Coutu Pharmacy targeted in class action for overpriced drugs

The Supreme Court of Canada rejected an appeal brought by Quebec’s top pharmacies last Thursday, attempting to avert a Quebec class action lawsuit over excessive drug fees.

Fees charged by pharmacists to Quebeckers insured under a private drug insurance plan may soon be the subject of a class action lawsuit Canada.

Are You a Potential Drug Fee Class Action Lawsuit Member?

According to the drug fee class action lawsuit, all Quebec residents “who, from Oct. 25, 2013 until the final judgment, had private drug insurance or an employee benefit plan, who purchased prescription drugs in one of the defendant pharmacies for which the price indicated on the invoice does not disclose the dispensing and renewal fees charged by the pharmacist,” are Class Members.

Among the pharmacy defendants listed in the drug fee class action lawsuit are several Pharmaprix, Uniprix and Jean Coutu branches located throughout the province.

The drug fee class action lawsuit is seeking the reimbursement of each Class Member for the expenses paid in excess of those provided for in the public health insurance plan for the same professional act. The class action is also seeking an order requiring the defendants to pay Class Members $25 in punitive damages.

Quebeckers Covered by Private Insurance Overpaid For Prescription Drugs

The drug fee class action lawsuit Canada alleges that defendant pharmacies did not disclose the fees charged for enforcing and renewing orders. The reason for this non-disclosure, argued in the action, is the second charge against the defendants: consumers covered by a private drug insurance plan were charged “disproportionate, unreasonable and unfair” fees compared to the fees charged to consumers covered by the public insurance plan for the same prescription.

Lead plaintiff, Bernard Côté, now deceased, argued that the professional fees charged by the defendants to consumers with private insurance are generally much higher than those charged under the public insurance plan for the same prescription.

In fact, studies conducted over long periods of time by Université Laval have determined that people insured by the private sector pay “30% to 50%” more in fees than those covered by the public provincial drug insurance plan.

These extra fees are important, because the total price of prescription drugs has a direct effect on insurance premiums.

pharmacist overcharging drugsDrug Fee Class Action Reaches Supreme Court

Bernard Côté, who was covered by private insurance, criticized pharmacists for their “unreasonable” fees. The estate of the now-deceased lead plaintiff is suing Quebec’s pharmacies, and the class action lawsuit has gone all the way to the nation’s Supreme Court.

So far, Bernard Côté has been victorious throughout the entire class action process. His application for authorization to institute a class action lawsuit against a series of businesses operating pharmacies has been granted by the Superior Court. The Court of Appeal then refused to overturn the Superior Court’s decision, when the pharmacies appealed the authorization. Finally, the Supreme Court of Canada is also dismissing the appeal by the pharmacies in question.

The drug fee class action lawsuit claims that in Québec, everyone has either been covered by the provincial insurance drug plan or by a private insurance plan since 1996.

Furthermore, the complaint specifies that anyone under the age of 65 who is eligible for a private plan offered by an employer is required to join the plan for the portion of the insurance plan that covers prescription drugs.

The drug fee class action continues that since 1998, 58% of the Quebec population had private group insurance coverage. The remaining 42% are covered under the public insurance plan.

These statistics mean that potential Class Members can reach exorbitant numbers.

More Pharmacy Class Action Lawsuits in Quebec

The drug fee class action lawsuit is the second recent class action targeting pharmacies in Quebec. A class action lawsuit filed against Angita Pharma Inc. and The Jean Coutu Group Inc. was launched in July, and accuses the companies of breaching customers’ privacy rights after customers’ confidential pharmacy records were used for profit.

Jean Coutu is accused of being “reckless and grossly negligent” for declining to have proper protective measures in place to prevent unauthorized data access and sharing. Over 200 pharmacists (73 of which are connected with Jean Coutu) are accused of granting Angita Pharma access to their clients’ private and confidential files.

Have you been overcharged for prescription drugs? Share your story with us in the comments below!

Class Members are represented by Gilles Gareau and Fredy Adams.

The Drug Fee Class Action Lawsuit Supreme Court Case is Pharmacy Carole Bessette, et al., v. Yvette Turgeon en reprise d’instance pour Bernard Côté, en sa qualité de liquidatrice de la succession de Bernard Côté, Case No. 39141, Before the Supreme Court of Canada.

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4 thoughts onSupreme Court of Canada Allows Class Action Lawsuit Over Excessive Drug Fees

  1. Beverly M says:

    I want tobe added to this claim

    1. Catherine Bettsie Hamon says:

      They Mismedicated my sister for 3 years and never checked that 4 medications were CONTRAINDICATED. They gave her pop oút foil packs . They wrote and filled Prescriptions UNDER A DELUSIONAL NAME.
      They then sent a fax she missed 10 days of Methadone for pain and requested the same dose.
      My parents found her Necrotic the next day.
      We are seeking an attorney. We have a case but it appears they prefer saving their careers then saving lives.

  2. Stephane Benard says:

    I also would like to be added to this class action!
    Thank you

  3. Louise Ferreira says:

    Would like to be added to this class action!
    Thank you

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