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ZYPREXA (OLANZAPINE) CLASS ACTION
NOTICE OF SETTLEMENT APPROVAL
TO ALL CLASS
To all Canadian residents who took ZYPREXA ("Primary Claimants") on or before June 6, 2007 or their personal
MEMBERS:
representatives, heirs, assigns and trustees ("Representative Claimants"), and any other residents of Canada asserting the right to sue the Defendants by reason of their familial relationship with a Primary Claimant, including spouses, common law spouses, same-sex partners, as well as parents and children by birth, marriage or adoption ("Derivative Claimants"). ZYPREXA (olanzapine) is an antipsychotic drug which is prescribed for the treatment of schizophrenia and related
psychotic disorders, and bipolar I disorder.
Please be advised that the Ontario, Quebec and British Columbia Courts have approved the ZYPREXA Settlement
Agreement reached in class actions in Ontario, Quebec and British Columbia, which alleged that Eli Lil y Canada Inc. and
Eli Lil y and Company (the "Defendants") negligently manufactured, marketed and sold ZYPREXA without properly
warning of al eged risks of diabetes and related complaints potentially associated with its use.
The Defendants deny the plaintiffs' al egations and deny any wrongdoing or liability. The court has not taken any position as to the truth or merits of the claims or defences asserted by either side. The al egations made by the plaintiffs have not been proven in court. If you would like a copy of the Settlement Agreement, it is available on Class Counsel's website at www.classaction.ca (English and French), www.classproceedings.ca, and www.poynerbaxter.com or a copy can be obtained from contacting Class Counsel as listed below or by contacting the Claims Administrator. This notice does not constitute medical advice. Patients who have been prescribed ZYPREXA should consult with their
physicians if they have any questions with respect to their medical condition and should not stop taking ZYPREXA
without consulting their health care professional.
To be entitled to payment, Class Members, including Primary Claimants, Representative Claimants and Derivative Claimants, must file a claim with the Claims Administrator by October 28, 2010 in the manner described below. Summary of
The Defendants, while not admitting liability, wil pay a sum of approximately $17,750,000.00, subject to a Settlement
possible reversion or top-up, to settle the claims of al eligible claimants (Primary Claimants or Representative Agreement
Claimants and Derivative Claimants) Claimants may be eligible to receive settlement payments if they took ZYPREXA before June 6, 2007 and
then suffered an injury which is compensated under the Settlement Agreement, including diabetes,
hyperglycemia, ketoacidosis or pancreatitis.
The size of the payments wil be based on the total number of approved claims and the severity of injuries. Any arguments based on statutes of limitations, prescription or repose shal be waived for Class Members participating in the settlement. Class Members have until October 28, 2010 to file a Claim. Derivative Claimants may be eligible to receive settlement payments. Provincial Health Insurers wil share a fund of $2,250,000.00 which shal be in ful satisfaction of medical services provided or to be provided to Eligible Primary Claimants. Opting Out – British
The deadline for opting-out has already passed in all provinces, except British Columbia. Columbia Residents
All persons who come within the class definition, in British Columbia, are automatically included in the class unless they
exclude themselves from the class ("Opt-Out"). To Opt-Out, a British Columbia Class Member wil have to complete,
sign and return an "Opt-Out Form" postmarked or deposited by courier by September 28, 2010. If a British Columbia
Class Member does not timely and properly Opt-Out or does not timely and properly make a claim under the Settlement
Agreement, he or she wil be forever barred from receiving any payments under the Settlement Agreement, and from
instituting any action against the Defendants and/or Released Parties related to the use of ZYPREXA.
Legal Fees
The Ontario, Quebec and British Columbia Courts have awarded interim legal fees, expenses and applicable taxes to Class Counsel in the total amount of $5,395,671.79. Class Counsel were retained on a contingent basis. Class Counsel were responsible for funding al disbursements incurred in pursuing this litigation. Pursuant to the Settlement Agreement, the Defendants agreed to pay up to $4,500,000 towards Class Counsel legal fees and up to $500,000 towards Class Counsel disbursements. Claimants are not liable for any legal fees incurred to date. Claimants may, but are not obliged to retain their own lawyers to assist them in making individual claims under the Settlement Agreement and they may not find it necessary to do so. Submitting a Claim under the Settlement Agreement is considerably less complex and less expensive than pursuing an individual lawsuit. In the event that claimants feel they require the assistance of a lawyer in making their Claim, they wil be responsible to pay the legal fees of any lawyer they retain to prepare their claim. Important Deadlines September 28, 2010 Deadline for British Columbia Claimants to Opt-Out of the Settlement Agreement
October 28, 2010 Deadline to File a claim
Because of the deadlines, you must act without delay.
Further Information
A complete copy of the Settlement Agreement, including a detailed instruction package on how to obtain a claim form or
Opt-Out Form are available at www.classaction.ca (English and French), www.classproceedings.ca, and
www.poynerbaxter.com. To obtain a paper copy of the detailed instruction package and a claim form or Opt-Out Form,
please contact the Claims Administrator at: Zyprexa Settlement, c/o Crawford Class Action Services, 3-505,133 Weber
St. N. Waterloo ON N2J 3G9, Telephone: 1-877-739-8933, email
For Further Information Please contact Class Counsel, at either:
Siskinds LLP
In British
Poyner Baxter, LLP
provinces
680 Waterloo Street
Columbia: 408-145 Chadwick Court
other than
London ON N6A 3V8
North Vancouver, BC V7M 3K1
Columbia
Tel: (800) 461-6166 x7782 Tel: (604) 988-6321 Email: [email protected] Email: [email protected] Stevensons LLP
Siskinds, Desmeules, LLP
144 Front Street West, Suite 400
43 Rue Buade, Bur 320
Toronto, ON M5J 2L7
Quebec City, Quebec G1R 4A2
Daniel McConvil e Tel.: (866) 940-8329 Tel.: (418) 694-2009 Email: [email protected] dmcconvil [email protected] This Notice has been authorized by the Ontario, British Columbia and Quebec Courts

Source: http://www.siskinds.com/CMSFiles/PDF/Pharmaceutical/Zyprexa/Zyprexa-Long_Form_Notice(English)_June_22_2010_revised.pdf