1. The law firms Rochon Genova LLP and Kim Spencer McPhee Barristers P.C. are solicitors of record for the plaintiffs in a class action against Medtronic, Inc. and Medtronic of Canada Ltd. (“Medtronic”). The solicitors of record are working with Strosberg Sasso Sutts LLP and Lerners LLP.
2. The action concerns the design, development, testing, manufacturing, licensing, assembly, distribution, marketing and sale of certain Medtronic implantable cardiac defibrillators and cardiac resynchronization therapy defibrillators.
3. On February 10, 2005, Medtronic provided notice that certain implantable cardiac defibrillators and cardiac resynchronization therapy defibrillators manufactured between April, 2001 and December, 2003 had a potential battery shorting problem which could result in rapid battery depletion. If the battery in a defibrillator shorts out, the device will not function and is not able to deliver the therapy required if the user develops potentially life-threatening arrhythmias. Since the batteries are located within the implanted defibrillator, the device would have to be surgically removed in order to eliminate the defect.
4. On December 6, 2007, the action was certified as a class proceeding. There are two classes in this action. The Class is comprised of all persons who were implanted in Canada with the following Medtronic defibrillators manufactured before December 31, 2003:
|DEVICE FAMILY||MODEL NUMBERS|
|InSync III Marquis||7279|
The Family Class is comprised of the family members of the Class members.
5. The parties have entered into a settlement that is subject to Court approval. The Settlement Approval hearing will be held on March 2, 2020, beginning at 9:00 a.m. at Osgoode Hall, 130 Queen St. W., Toronto, Ontario. The notice describing the settlement may be reviewed here.
6. The Court will consider objections to the settlement agreement by class members if their objections are sent in written form to the Claims Administrator by no later than February 24, 2020.
7. If you have, questions or would like more information about the settlement, please visit the settlement website at www.medtronicdefibsettlement.ca or contact the Claims Administrator at:
Medtronic Defibrillators Class Action Claims Administrator
P.O. Box 4454, Toronto Station A
25 The Esplanade, Toronto, ON M5W 4B1
8. If you would like to know more about how a class action works, click here.
This website has been developed to provide general information to class members in a class action that has been certified against Medtronic, Inc. and Medtronic of Canada Ltd. ('Medtronic').