Invokana Class Action
Invokana Class Action Settlement and Claims Process
A Canada-wide class action settlement has been reached and approved by the Canadian courts regarding the prescription drugs Invokana, Invokamet, and Invokamet XR. 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.
The Long Form notices of this settlement approval can be reviewed by clicking the links below:
The court-approved Settlement Agreement can be consulted here:
The Invokana Class Action Settlement applies to:
(a) 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 before June 2022); AND
(b) all persons who by virtue of a personal relationship to one or more of such persons described in (a) above have claims for common law or statutory damages.
Understanding who may apply for individual compensation (prior to the Claim Form Deadline):
The Court has approved a Compensation Protocol that determines which Class Members are eligible for compensation and in what amount. For more information you should review the Long-Form Notice. The types of medical conditions that may qualify Class Members for compensation include acute kidney injury, diabetic ketoacidosis, and 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® prior to the dates below AND then experienced the relevant medical conditions prior to the dates below:
- experienced acute kidney injury, prior to January 25, 2016;
- experienced diabetic ketoacidosis, prior to May 31, 2016; or
- experienced 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 the above said 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.
Steps required to apply for compensation under this class action settlement
To make a claim for compensation under the Settlement Agreement, you must complete and submit a Claim Form (including the necessary supporting Injury Evidence and Prescription Evidence detailed in the Compensation Protocol) to the Claims Administrator before the Claims Bar Deadline of August 14, 2023, 11:59 pm EST. If you do NOT submit your Claim Form on time, you will not be eligible for any benefits or compensation under the Settlement Agreement.
The Claim Form requires that you provide medical records which can be time consuming to retrieve. It is very important that you start the Claim Form process as soon as possible.
[The estates of deceased Eligible Class Members may also apply for compensation.]
Merchant Law Group LLP is one of the Class Counsel for the Invokana class action litigation. You may wish to retain a lawyer to assist you in this process and you are welcome to contact our law firm viaheidi@merchantlaw.com or by calling our Toronto office at 647-558-8894 for a free initial consultation with one of our lawyers.