On January 18, 2007, Madame Justice Macdonald of the Ontario Superior Court of Justice certified the action Boulanger. v. Johnson & Johnson Corporation, Johnson & Johnson Medical Products Inc./Products Medicaux Johnson & Johnson Inc. and Janssen-Ortho Inc., court file # 00-CV-197409CP as a class action (the “Prepulsid Class Action”) and appointed Mrs. Aline Boulanger as the representative plaintiff for following class of persons:
“Class” means all persons in Canada (including their estates), excluding residents of Quebec, who ingested the prescription medicine Prepulsid; and
“Family Class” means spouses, children, grandchildren, parents, grandparents, brothers and sisters of the Class who, by reason of their relationship with members of the Class are entitled to assert a claim.
Please click here to read Madame Justice Macdonald’s Reasons for Decision.
The defendants thereafter sought to appeal the certification decision. The defendants’ motion for leave to appeal was dismissed on May 16, 2007. The defendants also brought a further motion attempting to appeal the decision denying leave to appeal which was dismissed on September 13, 2007.
The Prepulsid Class Action raises allegations of negligence and breach of warranty and seeks damages on behalf of class members against the defendants for certain types of injuries allegedly suffered by class members because of their use of the prescription medicine Prepulsid. Prepulsid was available for sale in Canada between 1990 and August 2000 and was approved for the treatment of gastroesophageal reflux disease (or GERD), gastroparesis and intestinal pseudo-obstruction.
In certifying this action as a class action, the court has made no determination as to the merits of the representative plaintiff’s claims.
Class Membership
If you fall within one of the class definitions set out above, you are automatically a member of the Class or Family Class unless you choose to opt out. Class counsel can be reached at:
Rochon | Genova
Barristers Avocats
121 Richmond Street West, Suite 900
Toronto, ON M5H 2K1
Tel: 416-363-1867
Toll Free: 1-866-881-2292
Fax: 416-363-0263
Please click here to view the complete Notice of Certification approved by the Court.
