Medtronic Defibrillator Battery Class Action

  1. What is this lawsuit about?
  2. How do I know if I am included in the Class?
  3. What is the Settlement and has it been approved?
  4. What money will be paid under the Settlement?
  5. How do I receive compensation from the Settlement Fund?
  6. Who are the lawyers representing the Class Members?
  7. What if I retain a lawyer to submit my claim?
  8. How do I fill out a Claim Package?
  9. What documents do I need to include with my Claim Package?
  10. When will I receive my compensation?
  11. How do I get more information?
  12. What if I still have questions?
  1. What is this lawsuit about?

    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.

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  2. How do I know if I am included in the Class?

    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.

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  3. What is the Settlement and has it been approved?

    The Settlement Agreement is a compromise between the positions of the parties and is not a finding of fault on the part of the defendants.  The Representative Plaintiffs and the lawyers representing them believe that the Settlement is in the best interests of the all Class Members.  If the Settlement Agreement is approved, it will bring an end to the lawsuit and will provide compensation to Class Members who satisfy certain eligibility criteria.

     

    The Settlement Agreement requires the approval of the Ontario Superior Court of Justice in order to become effective.  The Court must find that the Settlement Agreement is fair, reasonable and in the best interests of the Class Members and the hearing to decide whether the Settlement will be approved is scheduled to take place in Toronto at Osgoode Hall, 130 Queen Street West, on March 2, 2020 at 9:00 a.m.  If, for any reason, the hearing is rescheduled, updated information will be posted here

     

    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 address listed below.  The Claims Administrator will file copies of all objections with the Court.  Do NOT send an objection directly to the Court.

     

    If the Court approves the Settlement, this settlement website will be updated accordingly and any and all relevant dates and deadlines will also be posted here.

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  4. What money will be paid under the Settlement?

    The Settlement Agreement provides for the creation of a $3.072 million (CDN) Settlement Fund which will be used to pay compensation for eligible claims, as well as payments to Public Health Insurers, the costs of notice and administration and all Class Counsel legal fees, disbursements and taxes that are approved by the Court. 


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  5. How do I receive compensation from the Settlement Fund?

    In order to be considered for compensation under the Settlement, you must complete and submit a Claim Package to the Claims Administrator on or before the expiry of the Claim Period.  The Claim Package describes what you must provide to prove your claim.  More information about the eligibility terms and conditions is also contained in the Claims Eligibility Criteria, Compensation and Administration Procedures

     

    Your Claim Package must be submitted before the expiry of the Claim Period, which will be fixed by the Court at or shortly after the Approval Hearing, if the Settlement Agreement is approved.  All deadlines will be posted on this website, so be sure to check in from time to time.

    

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  6. Who are the lawyers representing the Class Members?

    Class Counsel are:

     

    Rochon Genova LLP                                      Kim Spencer McPhee            

    Barristers ● Avocats                                      Barristers P.C.

    900-121 Richmond St. W.                            1200 Bay St., Suite 1203

    Toronto, ON M5H 2K1                                   Toronto, ON., M5R 2A5

    Joel P. Rochon                                                 Megan B. McPhee

    Tel: (416) 363-1867                                         Tel: (416) 596-1414

    Fax: (416) 363-0263                                        Fax: (416) 598-0601

    jrochon@rochongenova.com                   mbm@complexlaw.ca  

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  7. What if I retain a lawyer to submit my claim?

    You do not need to retain a lawyer in order to file a claim under the Settlement, and the Claims Administrator an Class Counsel can answer questions you may have about the process, however if you do retain a lawyer to submit a claim, you will be responsible to pay any fees and disbursements that lawyer might charge. 

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  8. How do I fill out a Claim Package?

    You can download and print a Claim Package from this website or you can request that a Claim Package be mailed to you by the Claims Administrator, and then fill it out in its entirety and mail or fax the Claim Package and all required supporting documentation back to the Claims Administrator on or before the expiry of the Claim Period.

    

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  9. What documents do I need to include with my Claim Package?

    The Claim Package sets out the documents that you need to submit in support of your claim, so read that document carefully.  In summary, you will need to provide the following:

     

    • Proof that you were implanted with one (or more) of the Defibrillators;

    • Proof that you had your Defibrillator explanted/replaced prematurely;

    • Where applicable, medical records proving that you suffered certain medical complications during or because of your explant surgery;

    • Where applicable, documentation reflecting any income loss you claim was caused by such complications.

     

    More detailed information about what you need to include with your Claim Package is set out in the Claims Eligibility Criteria, Compensation and Administration Procedures.

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  10. When will I receive my compensation?

    No payments will be made until after the Settlement Agreement has been finally approved and after all claims have been submitted and finally adjudicated.  As a result, it is not possible to provide a definitive date, however it is expected that payments will not be made before the late fall of 2020. 

    

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  11. How do I get more information?

    The Notice summarizes the Settlement.   More details are in the Settlement Agreement and its Exhibits.  You can review additional information on this website and you may also contact Class Counsel at the contact points noted above.

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  12. What if I still have questions?

    If you have further questions or need any help, please contact the Claims Administrator at:

    Email: info@medtronicdefibsettlement.ca

    Telephone (toll-free): 1-888-625-8718

    Mail:   P.O. Box 4454, Toronto Station A

                 25 The Esplanade, Toronto, ON M5W 4B1

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