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mefloquine lawsuit inquiry

buddyguy780

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Whats happening with the Mefloquine lawsuit?

I tried to contact the law firm in charge of the lawsuit, but have yet to get a response.

Does anyone know what the downside is for signing up for the lawsuit? Like what's the catch?

PS. I took Mefloquine, I have been diagnosed with PTSD.
 

Teager

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That catch is the lawyers take 30%. If the lawyers lose the case there is no fee to you as the law firm has taken out insurance.

As of right now they are awaiting a decision on if this case will be fought in federal or provincial courts. Obviously decisions and the speed of everything has been slower due to COVID.
 

Navy_Pete

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Teager said:
That catch is the lawyers take 30%. If the lawyers lose the case there is no fee to you as the law firm has taken out insurance.

As of right now they are awaiting a decision on if this case will be fought in federal or provincial courts. Obviously decisions and the speed of everything has been slower due to COVID.

Sure, it'll mean a big payout for the lawyers if they win, but also means they have real skin in the game. A complex lawsuit spanning years, requiring lots of expert testimony etc will have a lot of real costs, so without a law firm taking it on commision, not sure who would bankroll the retainer/burn rate for the whole thing. Stuff like this is way beyond pro bono work, so without some kind of angel investor covering the millions in lawyer fees, suits like this would never happen without some kind of up front agreement like that.

70% of something is an easy choice over 100% of nothing with no real downside if you sign on. Unfortunately there is enough of this going around that firms can spend their careers suing the GoC on behalf of vets, but means there are some very good and experienced lawyers that can navigate the BS inherent in the bureaucracy.

Normally not a big proponent on lawyers, but nothing wrong with them making money while fighting the good fight against VAC quackery.
 

dapaterson

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Actual payout depends on the structure of the settlement agreement.  In some instances, lawyers are paid a percentage of claims; in others they are paid a fixed amount.  There are pluses and minuses to both approaches.

 

Baldur

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dapaterson said:
Actual payout depends on the structure of the settlement agreement.  In some instances, lawyers are paid a percentage of claims; in others they are paid a fixed amount.  There are pluses and minuses to both approaches.
buddyguy780 said:
Whats happening with the Mefloquine lawsuit?

I tried to contact the law firm in charge of the lawsuit, but have yet to get a response.

Does anyone know what the downside is for signing up for the lawsuit? Like what's the catch?

PS. I took Mefloquine, I have been diagnosed with PTSD.

It's a Mass Tort, not class action. So it's literally hundreds of individual suits filed simultaneously, instead of one large one. They are doing this on contingency payment, of 30% of whatever you individually get settled for. The first wave of suits, they are seeking $10.35 Million (with a few exceptions) plus pre/post judgement interest per person, so if you were to win the full amount, you can figure out the math.

The firm has been contacted by over 1000 individuals, and at the moment they are proceeding with a couple hundred of cases initially. If you have contacted them, they will get in touch at some point, keep in mind even before COVID, they were requesting all medical, veteran, personnel files for every single person involved.

The downside is your name will be attached to this lawsuit (The Federal Court publicly lists all suits and everyone involved). So if your still in, keep that in mind. People will also know how much you initially sued for, so if their is a future settlement, they might guess you have a lot of money now. 

But yes they are waiting for a decision on jurisdiction, as the government wants/intends to add the drug manufacturer. If that were to happen, this get kicked down to Ontario Superior Court and could drag on for years. If that doesn't happen, it stays in Federal court, and they will be looking to schedule the first set of trials, as soon as possible.

I am one of the plaintiffs, and included in this initial salvo of suits.
 

shawn5o

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I was in Op Deliverance (ALCE Nairobi) but I can't recall if I took it or not. Weird, eh

Off topic - I used to donate blood regularly (usually on the base) but after retirement I moved to la belle province. My first year I donated blood but in the second year, I was refused. Heba Quebec never returned my calls about it.

I asked my Doc about it and after checking my meds,  shetold me there was no reason for not donating blood. She asked me if I was in Africa during my career, yes being the answer, she informedme that was the probable reason.

Anyone else experience issues like that?
 

medicineman

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shawn5o said:
I was in Op Deliverance (ALCE Nairobi) but I can't recall if I took it or not. Weird, eh

Off topic - I used to donate blood regularly (usually on the base) but after retirement I moved to la belle province. My first year I donated blood but in the second year, I was refused. Heba Quebec never returned my calls about it.

I asked my Doc about it and after checking my meds,  shetold me there was no reason for not donating blood. She asked me if I was in Africa during my career, yes being the answer, she informedme that was the probable reason.

Anyone else experience issues like that?

Some issues after Gulf War 1 due to exposure to certain blood parasites (Leishmania and Plasmodium (malaria) in particular) had people on the no donate lists for a number of years...I think that if folks have had malaria or have been exposed to it, they're still pretty leary about letting people donate. 

More on blood donations and travel - https://www.blood.ca/en/blood/am-i-eligible/abcs-eligibility/travel

MM
 

dapaterson

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Haven't seen this reported anywhere else:


April 20, 2021 – The Class Action will be discontinued​

The plaintiffs of the proposed class action, Dowe et al v The Attorney General of Canada, are bringing a motion seeking the court’s approval to discontinue the class action proceedings, in order to pursue their own claims against the Government of Canada in Federal Court. If the motion for discontinuance is approved by the Ontario Superior Court of Justice, then the proposed class action will be concluded. It will not be proceeding to trial and there will be no judgment or settlement in that action, either for or against the proposed class.

It is important to know that any limitation periods that were suspended in favour of class members while the proposed class action is outstanding will start to run again from the effective date of the discontinuance. This could affect your rights if you want to bring your own claim.

Class members who want to bring a lawsuit for injuries they believe they sustained from the ordered ingestion of Mefloquine while a member of the Canadian Armed Forces are advised to speak with a lawyer as soon as possible to learn about their rights.

PLEASE NOTE: If you have already been named as a plaintiff in a Federal Court action, or if you have already signed a retainer, then this discontinuance does NOT affect you.

For more information, you can contact class counsel at:

Email: MEFLOQUINE@HSHLAWYERS.COM

Phone: 1-877-771-7006
 

Occam

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Haven't seen this reported anywhere else:

Just to be clear, the Class Action being referred to is one initiated several years ago through a firm in North Bay. As the article states, another firm (Howie, Sacks & Henry) has picked up the clients and are proceeding with mass tort litigation vice class action. For anyone who has retained HSH, the discontinuance is moot. If not retaining HSH, a clock will start running upon the effective date of the discontinuance, and there will be a limited window to pursue their claim elsewhere due to the limitation period.
 
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