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ZYPREXA (OLANZAPINE) CLASS ACTION
NOTICE OF CLASS CERTIFICATION
LEGAL NOTICE PURSUANT TO THE
CLASS PROCEEDINGS ACT, 1992, S.O. 1992, c. 6.
THE NATURE OF THE LAWSUIT
basis at the same time or after the common issues are determined.
A class action has been commenced in the Superior Court of Justice against Eli Lilly & Company and Eli Lilly Canada Inc. (the PARTICIPATION AND EXCLUSION FROM THE CLASS
“defendants”). The proceedings have been brought by Andrea If you wish to remain a member of the Class, you do not have to do Heward, Andrew Charles Heward, Kelly Hutchins, Darlene Hutchins, anything at this time. If you wish to obtain more information about Daniel Wells and Nancy Wells representative plaintiffs, by their your rights as a Class member you may contact the solicitors for the solicitors, Siskinds LLP and Stevensons LLP.
representative plaintiffs, Siskinds LLP and Stevenson LLP, in writing at This notice does not constitute medical advice. Patients who have been prescribed Zyprexa should consult with their physicians if IF YOU WISH TO EXCLUDE YOURSELF FROM THE CLASS
they have any questions with respect to their medical condition and PROCEEDING (“opt out”) you must deliver a written notice to
should not stop taking Zyprexa without consulting with their health one of the solicitors for the parties (at the addresses listed below) specifying your desire to opt out of the class proceedings. Notice of your decision to opt out must be received by either one of the The representative plaintiffs claim damages or other monetary relief against the defendants for developing, manufacturing and selling a drug called Zyprexa (olanzapine), which the plaintiffs allege to be defective and to cause diabetes and related complaints.
ANY JUDGMENT OBTAINED ON THE COMMON ISSUES IN THE
ACTION, WHETHER FAVOURABLE OR NOT, WILL BIND ALL CLASS
The defendants deny the plaintiffs’ allegations and have stated MEMBERS WHO DO NOT OPT OUT OF THIS ACTION.
that they will defend the action and will deny any wrongdoing and FINANCIAL CONSEQUENCES
No Class member, other than the representative plaintiffs, will be The court has not taken any position as to the likelihood of recovery liable for costs with respect to the determination of the common on the part of any plaintiffs, or as to the truth or merits of the claims issues. However, once the court has determined the common or defences asserted by either side. This notice is being provided issues it may be necessary that the individual members of the Class because you may be a member of the Class whose rights may be participate in individual proceedings to determine issues which are not common to the Class in order to establish their claim. If this is necessary, Class members will then be entitled to decide The allegations made by the plaintiffs have not been proven in court whether to participate further. Each member of the Class who and should not be considered in any way to be medical advice.
chooses to participate may have to bear costs of such individual proceedings and, if unsuccessful, could be liable to pay a portion THE CLASS
of the defendants’ costs incurred with respect to such individual By Court order, the class to which this lawsuit applies has been Class members may be entitled to receive financial compensation (a) all persons resident in Canada (excluding British Columbia and from the defendants if the class action is successful.
Québec) who were prescribed and ingested the drug Zyprexa (generic name: olanzapine), at any time on or before June 1, The representative plaintiffs have entered into an agreement with 2007 and which was manufactured, marketed and/or sold or their solicitors whereby fees and disbursements related to the trial otherwise placed into the stream of commerce in Canada by Eli of the common issues will be payable only in the event of success Lilly & Company and/or Eli Lilly Canada Inc.; and in the class action. Any fees charged by the solicitors for the representative plaintiffs must be approved by the court.
(b) all persons resident in Canada who by virtue of a personal relationship to one or more of such persons described in (a) For further information, please contact either: above with a valid claim, have standing in this action pursuant to s. 61(1) of the Family Law Act, R.S.O. 1990, c. F.3, as amended, (or the applicable provincial statutory provisions as applicable) if the defendants’ liability to persons described in THE COMMON ISSUES
A trial will be held to determine the issues common to the Class including whether or not Zyprexa can cause the adverse conditions alleged, whether the defendants properly warned of the alleged risks, and, if there is any liability, if this is an appropriate case to disgorge any part of the proceeds received by the defendants from In addition, information can be obtained from the website www.classaction.ca and www.zyprexacanadianclassaction.ca.
Following a determination of the common issues, further stages of litigation may be required. Stage 2, only if necessary, will involve To opt out of the proceeding, please write to one of the following: determining the issue of liability on an individual basis. Stage 3, again only if necessary, will involve the assessment of damages on Matthew Baer of Siskinds LLP or Lauren Black of Stevensons LLP, one an individual basis unless damages are assessed on an aggregate of the solicitors for the plaintiffs (details above).
This notice has been authorized by the Ontario Superior Court of Justice

Source: http://www.siskinds.com/CMSFiles/PDF/Pharmaceutical/Zyprexa/Zyprexa_fp_Ad_NP_GM.pdf

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