Mefloquine Lawsuit Updates
The Current Mefloquine Action
The Canadian government required members of the Canadian Armed Forces to take Mefloquine when they knew or should have known that it could cause serious and permanent disability. As a result, many military members have suffered debilitating and long-term effects.
The action against the Canadian government aims to hold it responsible by helping the veterans obtain financial compensation for the pain and suffering they have experienced.
The action is a mass tort, which means each veteran’s claim proceeds separately on an individual basis.
I Want to Participate
If you or someone you know experienced side effects from taking Mefloquine while in the Canadian Armed Forces, we can help you achieve compensation for the pain and suffering you experienced. To better understand your legal rights and how you may benefit from participating in this mass tort action against the Canadian government, please contact us at 1-877-771-7006 for a free consultation.
Updates on Litigation
March 7, 2022 – Motion to Discontinue Decision
On January 11, 2022, the Ontario Superior Court of Justice heard the plaintiffs’ motion seeking the court’s approval to discontinue the class action proceedings in Dowe et al v The Attorney General of Canada. The Court ordered that the Dowe action be held in abeyance, or in other words be “put on hold,” until it is understood whether or not the Federal Court mass actions will proceed. As such, currently there is no set date for when the Dowe action would be discontinued.
However, all veterans who would like to pursue compensation for injuries as a result of their ordered ingestion of Mefloquine by the Canadian Armed Forces must file individual actions before the proposed class action is discontinued. The proposed Dowe class action cannot be relied upon for compensation for injuries that resulted from your required ingestion once it is discontinued.
Howie, Sacks & Henry LLP and Waddell Phillips LLP have already reached out to all individuals who previously contacted us about pursuing an individual lawsuit, and where our records indicate we have not yet received a signed contingency retainer agreement. Anyone receiving this correspondence, who would still like to join the mass action against the Canadian Government, must sign and return the updated contingency retainer agreements to us by April 13, 2022.
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:
January 14, 2021 – Federal Court Appeal denied, but claims are moving forward
Our appeal in the Federal Court regarding its jurisdiction over your claims was unfortunately denied by the Court last week because the Government has expressed a desire to assert a claim against Mefloquine’ s manufacturer, Roche. As we have always maintained, the case is not going to end because the Government was successful on this appeal. The legal team has weighed the various options and we believe that it is in everyone’s interest for claims to remain in the Federal Court. We intend to accomplish this by revising the Claim to focus only on the liability of the Federal Government and Military. We will be filing the required documents with the Federal Court on behalf of our retained clients to accomplish this goal. If you are a retained client, nothing further is required from you at this time.
Now that we are proceeding with filing all claims in Federal Court, we will not be taking on any further clients after May 30, 2021.
September 18, 2020 – Jurisdiction Motion:
Earlier this week, the Federal Court granted the motion of the Federal Government, and have stayed our cases in the Federal Court. We are now contemplating whether we should launch an appeal.
As many of you will recall, the legal team has always been of the view that the motion was just an attempt by the Federal Government to stall the litigation. The decision of the Federal Court does not stop the litigation. Your case is still moving forward whether it is in the Federal Court or the Superior Court of Justice.
We will provide an update as to our future course of action shortly. Nothing further is required from our clients at this time.
July 27, 2020 – Jurisdiction Motion:
A half-day motion was originally scheduled for April 23, 2020 at the Federal Court. The issue in this motion was whether or not the case would remain in Federal Court. The Federal Government had asked for a stay of the case in Federal Court as it intends to add Hoffmann-Laroche to the litigation. However, due to COVID-19, the motion was rescheduled to May 27, 2020.
All parties appeared via video conference on May 27, 2020 and made submissions to the presiding Prothonotary.
We continue to await the decision of the Prothonotary and will provide updates as soon as the decision is released.
November 25, 2019:
August 16, 2019:
September 30, 2019:
October 18, 2019:
- Decision on Jurisdiction Motion, dated September 16, 2020
- Statement of Claim (Somalia – Bona, Lalancette Elms)
- Statement of Claim (Africa – McEachern Brooks)
- Statement of Claim (Afghanistan – Arntsen, Rude Lepine)
- Statement of Claim (Rwanda et al – Alexander)
- Statement of Claim (Somalia – Aitken)
- Statement of Claim (Afghanistan – Boulay)
Suffering from serious complications due to Mefloquine? Tell us your story.