H.R.T Breast Cancer Class Action
HRT Class Action - Premarine
This class action has been settled and all deadlines for both opt-in and opt-out have expired.
History of the H.R.T Breast Cancer Class Action
The Supreme Court of British Columbia certified a class action for women who suffered breast cancer after taking Premarin in combination with progestin or Premplus. The Defendants are the manufacturers of Premarin and Premplus which are sold as prescription drugs to relieve symptoms of menopause. Klein Lyons is the law firm that is representing the women in this lawsuit.
The lawsuit seeks compensation for women who were prescribed these drugs between January 1, 1977 and December 1, 2003, and were diagnosed with breast cancer. It is alleged that the Defendants failed to adequately warn of the risks of breast cancer related to their drugs prior to December 1, 2003. The trial of the common issues was scheduled to start on October 14, 2014.
News & Updates
- 29 May - On May 29, 2013, we were successful in the BC Court of Appeal.
The Defendants were trying to limit the questions we could ask their former employees. But Justice Gropper ruled that our questions were relevant and material to when Wyeth knew or should have known about the link between hormone replacement therapy and the development of breast cancer. Madame Justice Prowse of the B.C. Court of Appeal agreed; she denied the Defendants attempt to appeal Justice Gropper’s decision. To read Madam Justice Prowse’s decision please click on the following link to the Court website:http://www.courts.gov.bc.ca/jdb-txt/CA/13/02/2013BCCA0256.htm (new window)
- 30 June - Media coverage related to Madam Justice Gropper’s decision (120 KB)
- 27 June - On June 27, 2008 Madam Justice Gropper issued Reasons for Judgement holding that the American corporate defendants in this lawsuit, all members of the Wyeth pharmaceuticals conglomerate, fall within the jurisdiction of B.C.’s courts and may be held responsible to Canadian consumers. (See February 2007 entry below for further discussion of this issue.) The American defendants have 30 days to decide whether to appeal the decision of Madam Justice Gropper. If they do not, the next significant step in this lawsuit will be the “certification hearing” during which the Plaintiff will request a court order designating this action as a class action. It will be several months before the certification hearing can take place. See the Reasons of Madam Justice Gropper (102 KB) issued June 27, 2008.
- 1 February - Before a lawsuit can be considered a class action, the Plaintiff has to apply to have it “certified” by the court. The certification hearing in this case will not take place until the case management judge, Madam Justice Gropper, has heard a “jurisdiction application” filed by all of the American Defendants. The American Wyeth companies have filed documents with the Supreme Court of British Columbia requesting a stay of this action against them on the grounds that the court has no jurisdiction over them. The date for the hearing of the jurisdiction application is not yet known.
- 29 January - Wyeth loses Prempro trial, ordered to pay $1.5 million in damages (73 KB)