Medtronic Sprint Fidelis Leads Class Action

*UPDATE*

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


Case Information:

A Canada-wide settlement has been reached in the Medtronic Sprint Fidelis Leads Class Action. The Medtronic Sprint Fidelis Leads Class Action sought compensation for injuries alleged to be associated with certain ICD leads manufactured by Medtronic, Inc. and/or Medtronic of Canada Ltd.  The plaintiffs alleged the Leads were prone to fracturing, which can cause unintended shocks and/or the need to replace the leads.  The defendants deny the plaintiffs' allegations.


Settlement Approval:

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 Ave, Courtroom 7 - 6, Toronto, Ontario.  


Important Dates:

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


       

                                           

                                                                           


What Does the Settlement Provide?

The proposed Settlement provides for a $26 million (CDN) Settlement Amount which will be used to pay Approved Claims, the claims of the Public Health Insurers in the amount of $4 million (CDN), the costs of notice and administration, representative plaintiff honouraria and 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 $25,000 will be made to Class Members who establish that they had a Lead that was prematurely explanted/replaced (or that they experienced unintended shocks) as a result of a fracture/impending fracture in the Lead.

Further compensation may be paid to Class Members who experienced additional medical complications related to the Lead fracture.  The quantum of compensation paid 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 after the payment of all Approved Claims, the payment to the Public Health Insurers, the costs of notice and administration and Class Counsel Fees, disbursements and applicable taxes, such funds will be re-distributed proportionately among all Approved Claims.

Who is Included in the Class?

The lawsuit was certified as a Canada-wide class action on October 2, 2009 on behalf of all persons who were implanted in Canada with one or more Sprint Fidelis lead with model number 6949, 6948, 6931 or 6930 (“the Leads”).  You may have an implant card which will indicate which lead(s) 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 Leads.


Legal Fees:

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.



Your Options:

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 Leads 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. 


Participation in the Settlement:

If the proposed Settlement is approved by the Court, Claimants will have a limited amount of time within which to submit a Claim.  However, 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.


Class Counsel:

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 

jrochon@rochongenova.com    

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

mbm@complexlaw.ca