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MEFLOQUINE LITIGATION
TOWN HALL MEETING
DATE: February 10, 2019
TIME: 12:00 to 14:00
LOCATION: Streetsville Overseas Veterans' Club Royal Canadian Legion Branch 139
101 Church Street, Mississauga, Ontario
The following is the property of Howie, Sacks and Henry LLP and Waddell Phillips PC. Any unauthorized use or disclosure is
prohibited. This presentation contains general legal information, and does not constitute independent legal nor medical advice.
John Dowe – Founder - International
Mefloquine Veterans’ Alliance
• John Dowe served with the Canadian
from 1990 to 2000 and took Mefloquine
while deployed in Somalia.
• Decades later, he is still dealing with side-
effects, including anxiety and insomnia
• Passionate advocate for Veterans affected
Mefloquine
Who Are We?
Howie, Sacks and Henry LLP
• 20 years of experience handling serious personal injury cases and mass
tort, class action litigation
• HSH is currently handling high-profile cases including serving as co-
counsel representing B.C. in its class action law suit against opioid drug
companies (August 2018), was co-lead counsel for the victims of the
2005 Air France crash at Toronto’s Pearson airport, and as
representatives for 14 Canadian diplomats injured in Havana, Cuba
• In addition, HSH has over 20 years of experience handling brain injury
cases
Paul Miller Michael Henry David Levy Valérie Lord Eman Khoshbin
Waddell Phillips PC
• Over 30 years of experience handling high-profile cases
• Advocacy before the Supreme Court and acted for Phil Fontaine
the Assembly of First Nations in the Residential Schools class action
resulting in the largest class action settlement in Canada and the
Truth and Reconciliation Commission
• Extensive experience dealing with the Government of Canada in
litigation cases,
John K. Phillips Patti Shedden Margaret Waddell Cory Wanless
What is Mefloquine and why are we
suing?
 During the 1990s, it was common for military personnel to be prescribed
Mefloquine, an antimalarial medication, when deployed to areas around
the world where malaria was prevalent
 However, issues with the drug have since been discovered. In 2016, Health
Canada updated the warning labels for Mefloquine, highlighting serious
side effects, including anxiety, paranoia, depression, hallucinations,
psychotic behaviour and thoughts of suicide –which can persist for months
or years after taking the drug
 Mefloquine has been reported to cause a number of symptoms in those who’ve
taken the drug, including anxiety, depression, suicidal and homicidal thoughts,
paranoia, delusions and hallucinations. Though the Canadian military
conducted its own review which determined that the drug doesn’t have any
long-term effects, it now only prescribes Mefloquine as a drug of last resort
 Today the Canadian military seldom prescribes Mefloquine. In June of 2017 the
Department of National Defence announced that Mefloquine would only be
recommended for use if a CAF member requests it, or if there are
contraindications to the member being prescribed other anti-malarials
Mefloquine, Quinism and PTSD
 The term “Quinism”, as coined by Dr. Remington Nevin, refers to a disease
caused by poisoning by a class of drug that is neurotoxic, such as Mefloquine
 The symptoms of poisoning by Mefloquine related quinoline drugs are:
 Tinnitus
 Dizziness
 Vertigo
 Paresthesias
 Visual disturbances
 Gastroesophageal and intestinal problems
 Nightmares, insomnia, sleep apnea
 Anxiety, depression, suicidal thoughts, paranoia and cognitive dysfunction
The Quinism Foundation
 Founded by Dr. Remington Nevin in January 2018, The Quinism Foundation is
a non-profit organization in Vermont that aims to promote and support
education and research on medical conditions caused by poisoning by
quinoline drugs including the antimalarial drugs Mefloquine
 The foundation’s goals are to:
 Prepare healthcare organizations to identify those exposed to quinolines and to
screen for symptomatic quinoline exposure
 Educate clinicians to diagnose chronic quinoline encephalopathy and other medical
conditions caused by quinoline poisoning
 Train researchers to distinguish the effects of quinism from those of other disorders,
including Post-traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI)
 Assist government agencies to recognize those suffering disability from quinism
 Identify risk factors for the disease and attempt to count all those affected
Why bring a lawsuit?
 By failing to inform our forces of the side effects, members of the military
have suffered debilitating medical symptoms, some serious with long-term
impact. HSH lawyers along with Waddell Phillips, want to hold the
Canadian Government accountable
 The objective of the Mefloquine lawsuit in Canada is to help its victims
receive compensation for the drug’s harmful effects. As a mass tort
litigation, cases proceed on an individual basis
 Both the lawsuits and the newly formed Quinism Foundation will help
promote education and awareness around the interplay of Mefloquine and
PTSD diagnosis
Class Action vs. Mass Tort
We are not the Larmer Stickland Class
Action
 In 2001, lawyers at Larmer Stickland PC, in North Bay, ON, commenced a class
action lawsuit for soldiers who had served in Somalia only
 In April 2018, nearly 17 years later, the Ontario Superior Court of Justice dismissed
that class action lawsuit for delay
 The court did not comment on the merit of the case itself
 The limitation period for Somalia veterans was tolled by the class action lawsuit,
but the limitation period began to run again in April 2018 when the case was
dismissed
What is Mass Tort Litigation
 Mass Tort refers to the simultaneous launching of multiple individual lawsuits, all
against one common Defendant, relating to a single common triggering event
 The advantages of pursuing a claim by way of a mass tort versus a class action are:
 We will have an opportunity to get into the Defendants documents faster
 Individual Plaintiffs will have a direct say into whether they wish to accept, counter, or
reject any settlement offers
 Mass Tort litigation retains the “power in numbers” advantage
Mass Tort:
The More Favourable Approach
 In these cases, we believe the Mass Tort approach is favourable over a
Class Action
 In a Class Action, individuals in the class do not have a say in whether
they believe the compensation is reasonable and fair. The court is only
concerned if the compensation is fair and reasonable to the class as a
whole
 In a Mass Tort, each client will be presented with an individual option
Retainer Process – How do I get
involved?
1. Contact Us
The first step is to send an email or call our team. We will ask you a series of questions involving
where and when you served and ask details of the side effects you believe you have
as a result of taking Mefloquine. We cannot include you in a lawsuit if you do not contact us. All
All information shared with us remains strictly confidential.
2. Retainer Call with a Lawyer
Once your information has been processed, a call with either Paul, Michael, Valerie or Eman will
set up. They will walk you through the Contingency Fee Agreement, how the litigation is going
proceed, what to expect, and answer any questions or concerns you may have.
3. Contingency Fee Agreement and Authorizations sent to you
Once you have spoken to a lawyer, the CFA and authorizations will be sent to you
via email or regular mail. You will have the opportunity to review the paperwork
ask us any further questions before signing it and returning it to us.
4. Investigation
For those who retain us, we will obtain full medical/employment records and other
records as needed for the specifics of each case. We then review the records and
obtain records from other doctors as necessary.
We will work to identify injuries and areas of negligence to further categorize our
cases by severity of injuries.
Our goal is to always assess our cases from a position of strength, which is why we
require comprehensive access to all pertinent damage documentation to support
each claim.
A detailed summary of the case is prepared and is sent to one of our expert
physicians for an opinion.
5. Litigation:
Unlike in a Class Action, where only the Representative Plaintiff(s) are named in the
claim, Statements of Claim for all individual cases will likely be required to be drafted,
issued with the court and eventually served on the Defendants.
We will be simultaneous launching multiple individual lawsuits, all against one
common Defendant, relating to a single common triggering event.
The overall litigation process in all personal injury cases can be unpredictable, both in
terms of outcome and time.
Q&A: Legal Issues, Fees, Costs
• What are the risks?
• Am I out of time to sue? What is the limitation period in these cases?
• Will this affect my employment/my pension?
• What if we lose and we have to pay the other side’s legal costs?
Where to get medical help?
 In September 2018, The Quinism Foundation sent correspondence to the
Honourable Seamus O’Regan, Canadian Minister of Veterans Affairs,
calling upon Veterans Affairs Canada (VAC) to implement universal
screening of recent Canadian veterans for a history of symptomatic
exposure to Mefloquine
 The Quinism Foundation has recently begun licensing its two-question
White River Mefloquine Instrument (WRMI-2) to assist in identifying
veterans who may be at risk of disability as a result of their exposure to
Mefloquine
 The Quinism Foundation can give your healthcare providers
supplemental information for appropriate treatment
 https://quinism.org/
Lifemark - Multiple locations across Canada
 Lifemark Health Group in Canada has licensed the two-question
White River Mefloquine Screening Instrument (WRMI-2) as part
of a pilot program to screen self-identifying veterans for a
history of symptomatic exposure to the antimalarial drug
Mefloquine. LifeMark has 175+ clinics throughout Canada to
service this need.
 Lifemark advocates for the provision of proper health care for
veterans and families affected by Quinism, or mefloquine
toxicity; including the development of clinical guidelines for
diagnosis & management, and comprehensive rehabilitation
programs.
 https://www.lifemark.ca/services/dizziness-balance
Legal Contact Information
 Emails for intake:
 pmiller@hshlawyers.com
 mhenry@hshlawyers.com
 https://www.hshlawyers.com/contact/
 Phone numbers for intake:
 First Time Callers– 1- 877-771-7006
 Current Clients – 1- 877-474-5997
In the News
‘It stole my life’: Veterans to sue gov’t
over military-issued drug, CTV
News, December 19, 2018
Two law firms to represent soldiers and
veterans who said they are suffering
from side effects of mefloquine, The
Globe and Mail, December 17, 2018

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Canadian Mefloquine Litigation Town Hall Presentation

  • 1. MEFLOQUINE LITIGATION TOWN HALL MEETING DATE: February 10, 2019 TIME: 12:00 to 14:00 LOCATION: Streetsville Overseas Veterans' Club Royal Canadian Legion Branch 139 101 Church Street, Mississauga, Ontario The following is the property of Howie, Sacks and Henry LLP and Waddell Phillips PC. Any unauthorized use or disclosure is prohibited. This presentation contains general legal information, and does not constitute independent legal nor medical advice.
  • 2. John Dowe – Founder - International Mefloquine Veterans’ Alliance • John Dowe served with the Canadian from 1990 to 2000 and took Mefloquine while deployed in Somalia. • Decades later, he is still dealing with side- effects, including anxiety and insomnia • Passionate advocate for Veterans affected Mefloquine
  • 3. Who Are We? Howie, Sacks and Henry LLP • 20 years of experience handling serious personal injury cases and mass tort, class action litigation • HSH is currently handling high-profile cases including serving as co- counsel representing B.C. in its class action law suit against opioid drug companies (August 2018), was co-lead counsel for the victims of the 2005 Air France crash at Toronto’s Pearson airport, and as representatives for 14 Canadian diplomats injured in Havana, Cuba • In addition, HSH has over 20 years of experience handling brain injury cases Paul Miller Michael Henry David Levy Valérie Lord Eman Khoshbin
  • 4. Waddell Phillips PC • Over 30 years of experience handling high-profile cases • Advocacy before the Supreme Court and acted for Phil Fontaine the Assembly of First Nations in the Residential Schools class action resulting in the largest class action settlement in Canada and the Truth and Reconciliation Commission • Extensive experience dealing with the Government of Canada in litigation cases, John K. Phillips Patti Shedden Margaret Waddell Cory Wanless
  • 5. What is Mefloquine and why are we suing?  During the 1990s, it was common for military personnel to be prescribed Mefloquine, an antimalarial medication, when deployed to areas around the world where malaria was prevalent  However, issues with the drug have since been discovered. In 2016, Health Canada updated the warning labels for Mefloquine, highlighting serious side effects, including anxiety, paranoia, depression, hallucinations, psychotic behaviour and thoughts of suicide –which can persist for months or years after taking the drug
  • 6.  Mefloquine has been reported to cause a number of symptoms in those who’ve taken the drug, including anxiety, depression, suicidal and homicidal thoughts, paranoia, delusions and hallucinations. Though the Canadian military conducted its own review which determined that the drug doesn’t have any long-term effects, it now only prescribes Mefloquine as a drug of last resort  Today the Canadian military seldom prescribes Mefloquine. In June of 2017 the Department of National Defence announced that Mefloquine would only be recommended for use if a CAF member requests it, or if there are contraindications to the member being prescribed other anti-malarials
  • 7. Mefloquine, Quinism and PTSD  The term “Quinism”, as coined by Dr. Remington Nevin, refers to a disease caused by poisoning by a class of drug that is neurotoxic, such as Mefloquine  The symptoms of poisoning by Mefloquine related quinoline drugs are:  Tinnitus  Dizziness  Vertigo  Paresthesias  Visual disturbances  Gastroesophageal and intestinal problems  Nightmares, insomnia, sleep apnea  Anxiety, depression, suicidal thoughts, paranoia and cognitive dysfunction
  • 8. The Quinism Foundation  Founded by Dr. Remington Nevin in January 2018, The Quinism Foundation is a non-profit organization in Vermont that aims to promote and support education and research on medical conditions caused by poisoning by quinoline drugs including the antimalarial drugs Mefloquine  The foundation’s goals are to:  Prepare healthcare organizations to identify those exposed to quinolines and to screen for symptomatic quinoline exposure  Educate clinicians to diagnose chronic quinoline encephalopathy and other medical conditions caused by quinoline poisoning  Train researchers to distinguish the effects of quinism from those of other disorders, including Post-traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI)  Assist government agencies to recognize those suffering disability from quinism  Identify risk factors for the disease and attempt to count all those affected
  • 9. Why bring a lawsuit?  By failing to inform our forces of the side effects, members of the military have suffered debilitating medical symptoms, some serious with long-term impact. HSH lawyers along with Waddell Phillips, want to hold the Canadian Government accountable  The objective of the Mefloquine lawsuit in Canada is to help its victims receive compensation for the drug’s harmful effects. As a mass tort litigation, cases proceed on an individual basis  Both the lawsuits and the newly formed Quinism Foundation will help promote education and awareness around the interplay of Mefloquine and PTSD diagnosis
  • 10. Class Action vs. Mass Tort
  • 11. We are not the Larmer Stickland Class Action  In 2001, lawyers at Larmer Stickland PC, in North Bay, ON, commenced a class action lawsuit for soldiers who had served in Somalia only  In April 2018, nearly 17 years later, the Ontario Superior Court of Justice dismissed that class action lawsuit for delay  The court did not comment on the merit of the case itself  The limitation period for Somalia veterans was tolled by the class action lawsuit, but the limitation period began to run again in April 2018 when the case was dismissed
  • 12. What is Mass Tort Litigation  Mass Tort refers to the simultaneous launching of multiple individual lawsuits, all against one common Defendant, relating to a single common triggering event  The advantages of pursuing a claim by way of a mass tort versus a class action are:  We will have an opportunity to get into the Defendants documents faster  Individual Plaintiffs will have a direct say into whether they wish to accept, counter, or reject any settlement offers  Mass Tort litigation retains the “power in numbers” advantage
  • 13. Mass Tort: The More Favourable Approach  In these cases, we believe the Mass Tort approach is favourable over a Class Action  In a Class Action, individuals in the class do not have a say in whether they believe the compensation is reasonable and fair. The court is only concerned if the compensation is fair and reasonable to the class as a whole  In a Mass Tort, each client will be presented with an individual option
  • 14. Retainer Process – How do I get involved?
  • 15. 1. Contact Us The first step is to send an email or call our team. We will ask you a series of questions involving where and when you served and ask details of the side effects you believe you have as a result of taking Mefloquine. We cannot include you in a lawsuit if you do not contact us. All All information shared with us remains strictly confidential. 2. Retainer Call with a Lawyer Once your information has been processed, a call with either Paul, Michael, Valerie or Eman will set up. They will walk you through the Contingency Fee Agreement, how the litigation is going proceed, what to expect, and answer any questions or concerns you may have. 3. Contingency Fee Agreement and Authorizations sent to you Once you have spoken to a lawyer, the CFA and authorizations will be sent to you via email or regular mail. You will have the opportunity to review the paperwork ask us any further questions before signing it and returning it to us.
  • 16. 4. Investigation For those who retain us, we will obtain full medical/employment records and other records as needed for the specifics of each case. We then review the records and obtain records from other doctors as necessary. We will work to identify injuries and areas of negligence to further categorize our cases by severity of injuries. Our goal is to always assess our cases from a position of strength, which is why we require comprehensive access to all pertinent damage documentation to support each claim. A detailed summary of the case is prepared and is sent to one of our expert physicians for an opinion.
  • 17. 5. Litigation: Unlike in a Class Action, where only the Representative Plaintiff(s) are named in the claim, Statements of Claim for all individual cases will likely be required to be drafted, issued with the court and eventually served on the Defendants. We will be simultaneous launching multiple individual lawsuits, all against one common Defendant, relating to a single common triggering event. The overall litigation process in all personal injury cases can be unpredictable, both in terms of outcome and time.
  • 18. Q&A: Legal Issues, Fees, Costs • What are the risks? • Am I out of time to sue? What is the limitation period in these cases? • Will this affect my employment/my pension? • What if we lose and we have to pay the other side’s legal costs?
  • 19. Where to get medical help?  In September 2018, The Quinism Foundation sent correspondence to the Honourable Seamus O’Regan, Canadian Minister of Veterans Affairs, calling upon Veterans Affairs Canada (VAC) to implement universal screening of recent Canadian veterans for a history of symptomatic exposure to Mefloquine  The Quinism Foundation has recently begun licensing its two-question White River Mefloquine Instrument (WRMI-2) to assist in identifying veterans who may be at risk of disability as a result of their exposure to Mefloquine  The Quinism Foundation can give your healthcare providers supplemental information for appropriate treatment  https://quinism.org/
  • 20. Lifemark - Multiple locations across Canada  Lifemark Health Group in Canada has licensed the two-question White River Mefloquine Screening Instrument (WRMI-2) as part of a pilot program to screen self-identifying veterans for a history of symptomatic exposure to the antimalarial drug Mefloquine. LifeMark has 175+ clinics throughout Canada to service this need.  Lifemark advocates for the provision of proper health care for veterans and families affected by Quinism, or mefloquine toxicity; including the development of clinical guidelines for diagnosis & management, and comprehensive rehabilitation programs.  https://www.lifemark.ca/services/dizziness-balance
  • 21. Legal Contact Information  Emails for intake:  pmiller@hshlawyers.com  mhenry@hshlawyers.com  https://www.hshlawyers.com/contact/  Phone numbers for intake:  First Time Callers– 1- 877-771-7006  Current Clients – 1- 877-474-5997 In the News ‘It stole my life’: Veterans to sue gov’t over military-issued drug, CTV News, December 19, 2018 Two law firms to represent soldiers and veterans who said they are suffering from side effects of mefloquine, The Globe and Mail, December 17, 2018