Elmiron Targeted in Another Canadian Class Action Lawsuit

Just a few months after a B.C. class action lawsuit was filed against Elmiron, a drug used to treat interstitial cystitis and painful bladder syndrome, a Quebec class action lawsuit has been filed in the Superior Court of Québec.

The proposed Quebec Elmiron class action lawsuit targets almost a dozen defendants, among them, Janssen Inc, Teva Canada, Johnson & Johnson Inc and Ivax Research Inc. The lawyer spearheading the Canada class action lawsuit, Me Caroline Perrault of Siskinds Desmeules, argues that the Elmiron “action stems from illegal, negligent, improper and deceptive practices and misrepresentations by the defendants regarding, among other things, the design, development, testing and clinical trials, research, manufacturing, licensing, labelling, notices and warnings, marketing, distribution and sale of Elmiron.”

In fact, the proposed Elmiron class action lawsuit claims that the defendant pharmaceutical companies knew or should have known about the risks associated with Elmiron, but did not properly warn patients and relevant professionals in the medical community about the risks.

Janssen and Teva develop, market, label and sell Elmiron (pentosan polysulfate sodium). Elmiron is an oral prescription drug used to treat discomfort or bladder pain associated with interstitial cystitis, a chronic condition that causes bladder pain and pressure. On Dec. 31, 1993, Elmiron was approved by Health Canada, and has been sold in Canada ever since.

Pentosan polysulfate sodium was first used in the 1950s for its anticoagulant properties to treat varicose veins. In the 1980s, a series of clinical trials found that Elmiron was effective in the treatment of interstitial cystitis.

Elmiron is believed to cause long-term vision problems and even permanent eye disorders, including an eye disorder that affects the retina. Among the alleged side effects of the drug are: blurred vision, poor colour perception, difficulty reading, and difficulty adjusting to brightness.

In February 2020, the Canadian Urological Association Journal published an article about the increased risks of macular disease for long-term pentosan users. Other medical journals published similar findings in the U.K. and in the U.S. in 2018 and 2019. Elmiron, which is often used long-term, has been associated with various eye disorders, among the most serious, permanent vision loss.

The Quebec Elmiron class action lawsuit alleges that the defendants misrepresented the safety of Elmiron. Furthermore, the Canada class action lawsuit alleges that the pharmaceutical companies “were negligent in that they did not adequately and appropriately inform Health Canada in a timely manner of the risks associated with the use of their drug.” The defendant pharmaceutical companies only updated Elmiron’s product monograph in 2019 to include “vision changes” as a possible side effect.

“Elmiron is used by hundreds of thousands of Canadians in the management of interstitial cystitis, the majority of whom are women,” said Jill McCartney, a partner practicing health law litigation at Siskinds LLP.

“It is alleged that the long-term use of Elmiron (pentosan polysulfate) is linked to vision problems, in particular a new progressive eye disorder affecting the part of the retina that allows very accurate vision.”

Aside from the B.C. Elmiron class action lawsuit, other similar claims have been filed in the U.S. In a statement issued in July, the U.S. law firm Bronstein, Gewirtz & Grossman claimed that “Elmiron, manufactured by Janssen Pharmaceuticals under Johnson & Johnson, has been aware of research linking Elmiron to vision loss since 2018, but has failed to warn consumers of the dangers.”

Class Members of the Quebec Elmiron class action lawsuit include anyone residing in Quebec who was prescribed and consumed Elmiron between its introduction on the Canadian market (Dec. 31, 1993) and Sept. 23, 2019. Additionally, Class Members include all “natural persons who suffer or have suffered damage as a result of the consumption of ELMIRON by one of the persons referred to in the previous paragraph, including their spouse, father and mother, guardians, brothers and sisters, other relatives, legal representatives, other relatives and/or estate.”

The Quebec Elmiron class action lawsuit is seeking $500,000 in compensation to each Class Member for personal injury and moral or material damage suffered as a result of the use of the drug. The class action lawsuit is seeking an additional $5,000,000 worth of punitive and/or exemplary damages.

Have you, or someone you know, taken Elmiron and suffered vision problems as a result? Were you ever warned about the long-term side effects of the drug? Share your story with us in the comments below!

Class Members are represented by Me Caroline Perrault of Siskinds Desmeules.

The Quebec Elmiron Class Action Lawsuit is Chantale Dufour v. Janssen Inc., et al., Case No. 200-06-000249-204, in the Superior Court of Québec, District of Quebec, Canada.

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