NOTICE OF CLASS ACTION INVOLVING MIRALEX CREAM
THIS NOTICE HAS BEEN APPROVED BY
THE SUPREME COURT OF BRITISH COLUMBIA
Why am I receiving this notice?
A class action has been brought in the Supreme Court of British Columbia. You are receiving this notice because you may be a member of the class.
This class consists of all persons who purchased or received Miralex cream distributed by either Defendant who used the cream on their person and are alleged to have suffered injury and/or to be entitled to return of amounts paid for the cream.
This Notice should not be understood as an expression of any opinion of the Court as to the merits of any claim or defences asserted in the class proceedings.
How do I get involved?
If you reside outside of British Columbia, you will not be eligible to be part of the class action unless you contact the class lawyers noted below in writing or by email indicating your wish to participate in the class action. If you want to be eligible to receive any money in this action you must do so by June 30, 2001.
The lawyers representing the class are:
Jim Hanson Ward Branch Hanson Wirsig Matheos Branch MacMaster 302 - 15225 104 Ave 1210-777 Hornby Street Surrey B.C. V3R 6Y8 Vancouver, BC Phone: (604) 583-2200 V6E 3G2 email: [email protected] Phone: (604) 654-2999 website: www.branmac.com/Pages/miralex.html email: [email protected]
If you reside in British Columbia and you want to be part of the class action, you do not need to do anything. You are automatically included if you do nothing. However, the class lawyers encourage you to contact them.
All persons who live in British Columbia but who do not want to be a part of the class action must opt-out of the class by notifying Hanson Wirsig or Branch MacMaster by no later than April 30, 2001. To opt-out, you must complete a specific form which you can obtain from the class lawyers. If you do not opt-out, you will be bound by the judgment of the Court on the common issues.
If you opt-out, you will not be able to recover any money in this action. Whether favourable or not, if you do not opt-out, you will be bound by any judgment or settlement in the class proceeding.
If a class member wishes to participate on their own behalf at the common issues stage of the proceeding, they must make an application to the British Columbia Supreme Court.
What might I be entitled to receive if the case is successful?
The claim is for:
1. Return of any amounts paid for the Miralex cream; and
2. Damages for any physical injuries sustained as a result using the Miralex cream.
Who can I contact for more information about the class action?
You can contact the lawyers representing the class at the above noted address.
The lawyers representing Miralex can be contacted at:
Guild, Yule, and Company
PO Box 49170
2000-595 Burrard Street
Vancouver, B.C. V7X 1R7
Attn: P.W. Walker
email: [email protected]
Hueson is unrepresented.
What is the case about?
The class action alleges that Miralex and Hueson were negligent in manufacturing and distributing Miralex cream which contained the steroid clobetasol proprionate -17 notwithstanding that it was sold as a natural product. The class action seeks recovery of amounts paid for the cream and damages for any side effects that may have been suffered. Miralex and Hueson deny all of these allegations and the fact that anyone suffered any damage.
On February 6, 2001, the Supreme Court of British Columbia ruled that this action may proceed as a class action and that Stephen Head and David Bown may act as representative plaintiffs in the class action. Mr. Head will be the representative for class members who reside in British Columbia ("B.C."). Mr. Bown will be the representative for class members who reside outside B.C.
A number of issues have been certified as common issues by the Supreme Court of British Columbia. They are set out in an Order of the Court, a copy of which can be obtained from counsel listed below or from the Supreme Court Registry at 800 Smithe Street, Vancouver, British Columbia, Canada.
Do I have to pay the lawyers?
You do not need to pay anything out of your own pocket.
If the case is successful, the fees payable to class lawyers will be deducted from any judgment. Any fees are subject to approval of the court
The representative plaintiffs have entered into a agreement with the class lawyers which provides for the class lawyers to be paid between 30-35% of a favourable settlement or judgment, depending on the stage at which the case is resolved. When and if such a settlement or judgment is obtained, the lawyers will apply to court for approval of a fee that is consistent with the terms of this agreement, or some lesser amount. The court will decide what is fair. The class lawyers do not receive any money to pay them for their time working on the case unless the case is successful.
Even if the class loses the case on the common issues, class members other than Mr. Head and Mr. Bown cannot be responsible for the fees of any of the lawyers involved in the case.
If you have any questions regarding this Notice, please contact James Hanson at Hanson Wirsig Matheos at (604) 583-2200 or Ward Branch at Branch MacMaster at (604) 654-2999 or by email to [email protected] or [email protected].
[received Feb 9, 2001 for posting to the Psoriasis Hall of PShame]