MEDTRONIC

1.  The law firms Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP), Lerners LLP, Rochon Genova LLP and Kim.Orr Barristers P.C. are solicitors of record for the plaintiffs in a proposed class action against Medtronic, Inc. and Medtronic of Canada Ltd. (“Medtronic”).

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.  There are two proposed classes in this action. The first class is comprised of all persons who were implanted in Canada with the following Medtronic defibrillators manufactured between April, 2001 and December, 2003:

DEVICE FAMILY MODEL NUMBERS
Marquis VR 7230
Marquis DR 7274
Maximo VR 7332
Maximo DR 7278
InSync Marquis 7277
InSync II Marquis 7289
InSync III Marquis 7279
InSync III Protect 7285


5.  The second class is comprised of the family members of the Class members.

6.  On December 6, 2007, Madam Justice Hoy certified the action as a class proceeding. Her reasons may be reviewed here. The defendants brought a motion for leave to appeal Justice Hoy's decision before Justice Carnwath, who dismissed the defendants' motion. His reasons may be reviewed here.

7.  The parties will soon schedule examinations for discovery.

8.  If you have, or you suspect that you have, been implanted with a defibrillator listed at paragraph 4 above, please call Strosberg Sasso Sutts LLP at 800.229.5323, extension 296.

9.  If you would like to know more about how a class action works, click here.

 

IMPORTANT NOTICE

This website has been developed to provide general information to potential class members on a class action that has been commenced against Medtronic, Inc. and Medtronic of Canada Ltd. ('Medtronic').

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Strosberg Sasso Sutts LLP, Lerners LLP, Kim.Orr Barristers P.C. or Rochon Genova LLP. The court will ultimately decide who will be included as a class member.

This website is updated from time to time to provide class members with further information.

Contact information
Particulars

To provide documents by fax, use our toll-free fax 1.866.316.5308. 

To provide documents to us by delivery or mail: 
     Strosberg Sasso Sutts LLP 
     1561 Ouellette Avenue
     Windsor ON N8X 1K5 
     Attention: Medtronic class action

Acknowledgement
Attachment
Size
Notice of action 581.21 KB
Reasons of Justice Hoy 1.87 MB
Reasons of Justice Carnwath 99.41 KB
Brian Moher
James Newland
Joel P. Rochon
Sakie Tambakos
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