Invokana Class Action
Invokana Class Action Settlement
A Canada-wide settlement has been approved by the Canadian courts regarding class action litigation relating to the prescription drugs Invokana, Invokamet, and Invokamet XR.
The court-approved Settlement Agreement can be consulted here:
This Class Action Settlement applies to:
(i) all persons resident in Canada as of June, 2022 (see specified applicable dates in the Settlement Agreement) who were prescribed Invokana, Invokamet, and/or Invokamet XR, in Canada (at any time on or before June 2022); AND
(ii) all persons who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
Court Orders approved the same Canadian Settlement as of February 2023. A copy of the Short Form Notice of Settlement Approval is available by clicking here and a copy of the Long Form Notice of Settlement Approval is available by clicking here.
Invokana (canagliflozin) is a prescription medication indicated to lower blood sugar in adults with type 2 diabetes. Invokana is also available in combination with metformin, under the brand name Invokamet.
Understanding who may apply for individual compensation (prior to the Claim Form Deadline):
The Settlement provides for the creation of a $1.5 million (CDN) settlement fund which will be used to pay the costs of notice and administration, compensation for approved claimants, the claims of provincial health insurers, and class counsel legal fees. Payments to approved claimants will be made to Class Members who COMPLETE AN OFFICIAL CLAIM FORM which demonstrates that he or she experienced one or more of the medical conditions described below, within specified timeframes. Each medical condition will be assigned points by the Claims Administrator, subject to various eligibility criteria. Net settlement proceeds will be allocated among the approved claimants in proportion to the cumulative points they are awarded under the Compensation Protocol.
The types of medical conditions that may qualify Class Members for compensation include acute kidney injury, diabetic ketoacidosis, or lower limb loss. You may be eligible for compensation under the Compensation Protocol if you began using or filled a prescription for Invokana, Invokamet, or Invokamet XR, and then experienced the relevant medical conditions prior to the dates below:
- for acute kidney injury, prior to January 25, 2016;
- for diabetic ketoacidosis, prior to May 31, 2016; and
- for lower limb loss, prior to September 6, 2017.
You may also be eligible for compensation if you experienced the relevant medical conditions listed above within three (3) months after the corresponding dates above if (i) you started using Invokana®, Invokamet®, or Invokamet XR® at least 30 days before said above dates, and (ii) you used it continuously from that date to the time of the medical condition, without having either attended your prescribing physician or had your prescription renewed.
Not all Class Members will be eligible for compensation. For more information, please contact our law firm with your overview details and contact information, by emailing heidi@merchantlaw.com or call our Toronto office at 647-558-8894