Date Announced

December 22, 2014

Lead Office

Montréal

McCarthy Tétrault LLP represented Lundbeck Canada Inc. and its parent corporation H. Lundbeck A/S ("Lundbeck") in two class actions filed in Ontario and Quebec, alleging that the use of the anti-depressant Celexa by pregnant women has caused certain birth defects. The allegations cover a span of many years and we are working with evidence and experts in several areas, including regulatory affairs, epidemiology, teratogenicity and others.

The Ontario class action was denied certification on December 20, 2022. The decision held that the proposed common issues general causation issue and failure to warn did not meet the common issues criterion. As well, the court held that a class action would not be the preferable procedure.

The Quebec class action has been stayed by the Court until final judgement is rendered on certification in the Ontario class action.

McCarthy Tetrault advised Lundbeck with a team led by Frank McLaughlin and Michel Gagné that included Dorothy Charach, Brandon Kain, Samuel Lepage and Nicholas Trottier.