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ICBC • Lawyer • Vancouver • Injury • Disability • Claims

Head v. Miralex Health Care Inc.

This was a products liability case involving an "all natural" psoriasis cream that was actually contaminated with a potent steroid, Clobetasol. The product was marketed under the trade name Miralex by Miralex Health Care Inc, a subsidiary of Hueson Pharmaceuticals.

The product was marketed with claims that it was "all natural" and a "miracle cure" for psoriasis. The product was marketed, largely on the internet, from 1997 to 1999. In the Fall of 1999, as a result of investigations and testing by Health Canada, the product was recalled and further sales prohibited.

A lawsuit was commenced in January, 2000, on behalf of all persons who used and were potentially injured by the product. The case was handled jointly by Hanson Wirsig Matheos and Branch McMaster. In January, 2002, the case was settled through mediation.

A fund of $1,400,000 was put forward by the Defendants to cover the cost of personal injury claims arising from the use of the product by approximately 500 persons. Most of the users of the product suffered only minor harm, although some users have experienced more significant injury.

This is particularly so where large amounts of the product were used or in cases where the user was more susceptible to injury of this kind. As part of the settlement, a system was devised for placing the injured class members into different categories, from mild to severe, with the more severely injured class members receiving a larger share.

The funds available were then distributed to the various class members who submitted appropriate documentation based upon the apparent severity of their condition. In addition, legal fees and disbursements were paid from the fund.

The settlement was approved by Judge Mazko in May, 2002.

Counsel for the class were Hanson Wirsig Matheos and Branch McMaster.