The Opioid Damages and Health Care Costs Recovery Act

C.C.S.M. c. O55

The Opioid Damages and Health Care Costs Recovery Act

Table of Contents

1 Definitions
(2) "Manufacturer" — exclusions
(3) Meaning of "related"
(4) Meaning of "affiliate"
(5) Deemed affiliate
(6) Formula for determining market share
2 Direct action
(2) Action not subrogated
(3) Action independent of recovery by others
(4) Recovery for individuals or on aggregate basis
(5) Action brought on aggregate basis
3 Recovery of cost of health care benefits on aggregate basis
(2) Presumptions
(3) Effect of presumptions
(4) Reduction or readjustment of liability
4 Joint and several liability
(2) Joint breach
5 Population-based evidence
6 Limitation periods
(2) Certain proceedings revived
7 Liability based on risk contribution
(2) Two or more defendants
(3) Considerations
8 Apportionment of liability in opioid-related wrongs
(2) Action or proceeding for contribution
(3) Action or proceeding may be commenced even if damages or costs not paid
(4) Factors for apportioning liability and contributions
9 Regulations
10 Retroactive effect
11 Crown as class member
12 Class proceeding
(2) Opting out permitted
13 Definition — "proceeding"
(2) Effect of prior agreements
(3) Deducting compensation
(4) No proceedings
(5) Order not enforceable
14 C.C.S.M. reference
15 Coming into force
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