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Class Action starting in Canada


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Oops - Terry. For now I think this is only for Canadians, but if it moves to America we FB folks will make sure the info spreads through BenzoBuddies.
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I'm a Canadian but not on Facebook.  Is there anyway I could get involved? I'm not exactly sure how class action lawsuits work but something big needs to happen here.
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Got this from the FB page, y'all.

 

Canada is trying to put together a benzodiazepine class action. Please contact nathlavallee38@hotmail.com or message her on Facebook Nathalie Lavallée if interested AND Canadian.

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  • 2 weeks later...

Got this from the FB page, y'all.

 

Canada is trying to put together a benzodiazepine class action. Please contact nathlavallee38@hotmail.com or message her on Facebook Nathalie Lavallée if interested AND Canadian.

 

I'd exercise caution here. 

 

I don't know anything about this particular group and not every BB is on FB anyway.  Regardless, I would hope people would know better than to divulge any personal information to some random FB name and/or some random Hotmail address?!! :o 

 

 

Is there a pm system here?  I have the lawyers name and number. You can also message me on benzo info.com. JC

 

If a Canadian law firm is genuinely contemplating filing a class action, I'm curious why their full details cannot be shared openly on BB?  They need plaintiffs after all.  And it's not advertising. 

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abcd,

 

It's not a single person. Nathalie is a client of the lawyer in Montreal who is starting the class action suit. All she did was break the news to us members on Facebook's Benzodiazepine Awareness & Legal Action group.

 

The class-action suit in Canada is in such early stages that there's simply nothing to talk about. I spoke the the lawyer. I answered some questions. That's it. He's never asked me not to share his info. I know he has a full case load and the class-action suit is something he's prepping in the background. I'll ask him if he minds if I share his info here.

 

It's a new, young lawyer. I'm sure it's going to take a LOT of time to put together, but it's something to look forward to at least. If any news breaks, I'm sure it'll be posted here.

 

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Nathalie has stated on FB that she is suing her doctor individually, to establish a precedent. So as far as I can tell, this is not a class action against pharma, at least not yet. Possibly setting a precedent makes it easier for a class action,

 

Long road ahead, I feel.

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V. difficult to successfully sue a doctor in Canada I'm afraid. From  what I understand, about 95% of doctors here belong to an association that provides insurance for it's members. They retain only the brightest and best lawyers and will spend a lot of money vigorously defending their members even for minor lawsuits.

 

Hopefully things will change though.

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Nathalie has stated on FB that she is suing her doctor individually, to establish a precedent. So as far as I can tell, this is not a class action against pharma, at least not yet. Possibly setting a precedent makes it easier for a class action,

 

Long road ahead, I feel.

 

You are right. Very long road. I spoke to the lawyer this morning and he's only gathering info from benzo survivors in order to judge weather a class action is even possible.

 

Yes, Nathalie's case is his focus, as are a host of other cases. This is just something he's interested in. If I hear anymore, I'll update.

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As Chin said above, most doctors in Canada are protected by the Canadian Medical Protective Agency: 

https://www.cmpa-acpm.ca/home  Just posting this here, in case anyone is interested.  I was made aware of this organization because we had a psychiatrist in the office in which I worked, who was always checking in with them, afraid of making a misstep I presume.  It goes without saying, he prescribed benzos.

 

Still, hoping for change.

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The reason to not share it is simple. Everyone and their brother would be calling. Putting this lawyers phone lines out of commission. Even people from different countries he can't do anything about.  He's not asking for money. He's asking for Canadians in the same situation as Nathalie. We've seen it happen before.

 

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The reason to not share it is simple. Everyone and their brother would be calling. Putting this lawyers phone lines out of commission. Even people from different countries he can't do anything about.  He's not asking for money. He's asking for Canadians in the same situation as Nathalie. We've seen it happen before.

 

Yes, donnie and Qui have since given the full scoop, which turns out to be quite a different story from a "Class Action starting in Canada".  Typically, class action attorneys go to great lengths to get their phones ringing off the hook.  Just sounded very vague/secretive to me, and how rumors and misinformation is spread.  So thanks to everyone for setting the facts straight.

 

 

V. difficult to successfully sue a doctor in Canada I'm afraid. From  what I understand, about 95% of doctors here belong to an association that provides insurance for it's members. They retain only the brightest and best lawyers and will spend a lot of money vigorously defending their members even for minor lawsuits.

 

Hopefully things will change though.

 

Chin and benzohno.  Many years ago I heard firsthand from a Canadian lawyer who represented the doctors.  According to her, Canadian doctors are unconcerned with lawsuits, they just hand it off to their lawyers to deal with.  But what they *are* terrified of, is losing their licences (or having them suspended).  I imagine that would entail filing a complaint with the College of Physicians and Surgeons.  Benzohno, did any patient ever file a complaint against any of the psychs you worked with?

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Funny you should ask that right now abcd.  I was just looking at the Complaints process on the College of Physicians and Surgeons of BC website, for the third time.  No kidding.  Wondering if, for me, the pain involved in carrying out the process is worth it.  And, what exactly would it be?

 

So, do I recall a patient ever filing a complaint against any of the psychs I worked for?  I do have a vague recollection of hearing from one doctor that another doc (who only came in one day per week for private practice)had a complaint against him, this was years later and for what, I do not know.  I didn't do his paperwork, so I don't know any details. 

 

What to expect:  College of Physicians and Surgeons of BC:

https://www.cpsbc.ca/for-public/file-complaint/what-to-expect

 

What the College is not able to do:

compel a physician to treat or prescribe in a particular manner

 

Would he be compelled to warn a patient of dangers?

 

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Most of the doctors on this list are  family doctors, disciplined most often it appears, for entering into personal/sexual relationships.  I've seen nothing about disciplinary action taken against psychiatrists for prescribing practices, except for one family doc prescribing to his own family.  I didn't look at the whole list just now, but I have before, looking for a precedent.

 

From 2010- 2016, one psychiatrist per year was disciplined, but not for anything to do with prescribing. Edit:  The doctor to whom I referred in above post is not on this list.  However, filing a complaint that does not necessarily achieve its most desired effect may not be altogether fruitless.  For now I fight back by writing letters, including to the psychiatrist and the College.  I wonder about filing a complaint, but right now, I am suffering more than he ever will by just thinking about it.

 

One of the more outstanding disciplined psychiatrists on the list was/is a patient in our office.  He was on a cocktail of drugs for "Bipolar Disorder".  He once offered to give me a ride home. I like to think I would not have accepted, had I not been on benzos myself.  Luckily, he could not find his car. :(

 

 

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Here is part of response I got to my 2nd to last letter to the College of Physicians and Surgeons, from the Deputy Registrar, via a "Confidential" letter:

I am very sorry that your experience with the prescribing of our profession has resulted in consequences that you describe.  While it is not an adequate defense, I think it is true that 20 years ago both our profession and the public at large did not fully appreciate the consequences of taking prescription drugs such as opioids and benzodiazepines for long periods of time.  With the benefit of hindsight we now know better.

There's a lot wrong with the above, but you see where they stand.  I was surprised he even attempted an apology.  I expected nothing.  Still, the whole thing is pretty unsatisfying. What I most want is aggressive action toward change by these regulatory bodies.  I believe they have the authority, responsibility and capability of holding doctors accountable if they so desired.

 

Included in the letter was an address/link to "Safe Prescribing" (below).  There are some weak and waffling bits in there about what they call "sedatives" until quite far into the document before they even use the word "benzodiazepines", all couched in mostly info about opioids.  No matter what they say, officially (or according to the document) the College appears to condone long-term benzo prescriptions.  It is left to the doctor's discretion.

 

 

Professional Standards and Guidelines,

Safe Prescribing of Drugs with Potential for Misuse/Diversion

 

https://www.cpsbc.ca/files/pdf/PSG-Safe-Prescribing.pdf

 

More from the letter:

 

I would say that the "Prescribing Principles" that we published in 2012 and subsequently the Professional Standards and Guidelines document on Safe Prescribing of Drugs with Potential for Misuse/Diversion that we published in June 2016 (and most recently revised on October 28, 2016) represent some of the most effective guidance that has been given to doctors in this country.  The amount of correspondence that we have received as a result of our June 2016 document supports the fact that we are getting through to our colleagues.

 

I think if you read this document as well as the frequently asked questions document that is appended to it, you will agree that it does indeed address benzodiazepines as well as opioids and stimulant drugs.

 

Yeah, I agree, benzodiazepines are "addressed"...It's just not good enough.

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I just re-read the back of the letter and will reproduce below.  It is important information for anyone forced to cold-turkey (? post- CPSBC published guidelines- 2012 and forward?), living in BC, that is considering filing a complaint with the College of Physicians and Surgeons of BC: 

 

Of course inappropriate prescribing should not result in a patient being "forced into a rapid taper" and should never result in the patient being told that they have to go "cold turkey".  If you read our documents you will see that we advise cautious and slow tapering in order to minimize the side effects, and risks, of abrupt tapering.  If a physician does not provide this kind of appropriate care, we expect to hear about it and will investigate it as the complaint matter.

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