The Settlement Agreement has been approved and that approval will become effective on April 1, 2020, subject to any appeals. The Claim deadline will therefore be September 28, 2020, subject to any appeals. Please ensure that you submit your Claim Package before the deadline. The order approving the Settlement can be found here.
A Canada-wide settlement has been reached in the Medtronic Defibrillator Battery Class Action. The Medtronic Defibrillator Battery Class Action sought compensation for injuries alleged to be associated with certain defibrillators manufactured by Medtronic, Inc. and/or Medtronic of Canada Ltd. before December 31, 2003 ("the Defibrillators"). The plaintiffs alleged that the Defibrillators were at risk of experiencing rapid battery depletion which could result in loss of device function. The defendants deny the plaintiffs' allegations.
In order for the Settlement to become effective, it must be approved by the Court, which must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members. The Approval Hearing has been scheduled as follows:
March 2, 2020 at 10:00 a.m at 330 University Avenue, Courtroom 7 - 6, Toronto, Ontario.
| Deadline to submit Objections to the Settlement: | February 24, 2020 |
| Settlement Approval Hearing: | March 2, 2020 at 10:00 a.m. |
| Claim deadline: | September 28, 2020 |
The proposed Settlement provides for the creation of a $3.072 million (CDN) Settlement Fund which will be used to pay Approved Claims, $500,000.00 towards the claims of the Public Health Insurers, as well as the costs of notice and administration, representative plaintiff honoraria, and Court-approved Class Counsel Legal Fees, disbursements, and taxes.
If the Settlement is approved, and subject to the total number of Approved Claims, payments of up to $5,000 will be made to Class Members who establish that they had their Defibrillator explanted prematurely as a result of an advisory that was issued in February, 2005. Further compensation may be paid to Class Members who suffered from certain complications following the explant surgery. The quantum of compensation will depend on the total number of Approved Claims and all payments will be inclusive of all Family Class Members’ claims.
Not all Class Members will be eligible for compensation. If money remains in the Settlement Amount after the payment of all Approved Claims, the payment to the Public Health Insurers, the costs of notice and administration, representative plaintiff honoraria, and Class Counsel Fees, disbursements, and applicable taxes, the balance will be split on a 50/50 basis between Class Members with Approved Claims and the Public Health Insurers.
The lawsuit was certified as a Canada-wide class action on December 6, 2007 on behalf of all persons who were implanted in Canada with one or more of the following Medtronic Defibrillators:
|
Defibrillator |
Model |
Manufactured Before |
|
Marquis VR |
7230 |
December 31, 2003 |
|
Marquis DR |
7274 |
December 31, 2003 |
|
Maximo VR |
7232 |
December 31, 2003 |
|
Maximo DR |
7278 |
December 31, 2003 |
|
InSync Marquis |
7277 |
December 31, 2003 |
|
InSync III Marquis |
7279 |
December 31, 2003 |
You may have an implant card which will indicate which device you were implanted with or, alternatively, your healthcare provider will have this information. The lawsuit was also certified on behalf of a class that includes certain family members of those implanted with the Defibrillators.
At the Approval Hearing, Class Counsel will request approval for payment of their fees, disbursements and applicable taxes. Class Counsel has pursued this lawsuit on a contingency basis and will seek approval from the Court for such payment in accordance with the terms of their 30% retainer agreements with the representative plaintiffs and payment of fees as agreed to with the Public Health Insurers.
Objecting to the Proposed Settlement and Opportunity to Appear:
If you wish to object to the proposed Settlement, you must submit a written objection to the Claims Administrator by no later than February 24, 2020 at the following address:
Medtronic Defibrillators Class Action Claims Administrator
P.O. Box 4454, Toronto Station A
25 The Esplanade, Toronto, ON M5W 4B1
The Claims Administrator will file copies of all objections with the Court. Do NOT send an objection directly to the Court.
You may also attend the hearing on the date noted above, and if you have submitted a written objection to the Claims Administrator, you may make oral submissions.
If the proposed Settlement is approved by the Court, Claimants will have a limited amount of time within which to submit a claim for compensation. Downloadable versions of the Claim Packages can be found here and Claims Packages can also be requested from the Claims Administrator.
If you intend to submit a claim under the proposed Settlement, you must do so on or before the expiry of the Claim Period, which is September 28, 2020.
|
Rochon Genova LLP Barristers ● Avocats 900-121 Richmond St. W. Toronto, ON M5H 2K1 Joel P. Rochon Tel: (416) 363-1867 Fax: (416) 363-0263 |
Kim Spencer McPhee Barristers P.C. 1200 Bay St., Suite 1203 Toronto, ON. M5R 2A5 Megan B. McPhee Tel: (416) 596-1414 Fax: (416) 598-0601 |