The Plaintiff brings this action on his behalf and on behalf of all others similarly affected as members of the proposed Class, including the heirs and estates of individuals who died wrongfully which was caused by ingesting Avandia, hereinafter collectively referred to as the “Plaintiff”, “Plaintiffs”, “Class Members” or the “Class”, which words are intended hereafter to include all of the following individuals, defined as follows:

Manitoba Class Members

The Plaintiff is representative of a class of persons, resident or situated in Manitoba, more particularly described as follows:

(a) Any person and their heirs and estates in Manitoba, who is taking or has taken Avandia, suffered or will suffer from one or more of the medical problems, including, but not limited to, heart failure, stroke, or adverse cardiovascular events that may lead to death, heart attack or myocardial infarction (MI), renal or kidney failure, hepatitis, edema, anemia, frozen shoulder, weight gain or obesity, blindness or vision problems; or any person in Canada, who suffered or will suffer from one or more of the above-mentioned medical problems between March 21, 2000 to July 31, 2007.

Non-Resident Class Members

The Plaintiff is also representative of a class of persons, not resident or situated in the Province of Manitoba, but who are resident or situated in another Canadian province or territory, more particularly described as follows:

(a) Any person and their heirs and estates in Canada but not in the Province of Manitoba, who is taking or has taken Avandia, suffered or will suffer from one or more of the medical problems, including, but not limited to, heart failure, stroke, or adverse cardiovascular events that may lead to death, heart attack or myocardial infarction (MI), renal or kidney failure, hepatitis, edema, anemia, frozen shoulder, weight gain or obesity, blindness or vision problems; or who suffered or will suffer from one or more of the above-mentioned medical problems between March 21, 2000 to July 31, 2007.