Canada St. Jude ICD Class Action Settlement

St. Jude has agreed to pay into a $5 million CAD settlement to resolve claims that some of their implantable defibrillators were defective.

Canadian citizens before April 23, 2019, who were implanted with certain St. Jude defibrillators manufactured between January 2010 and May 23, 2015, are eligible for cash from this class action settlement.

In addition, surviving family members of deceased patients also qualify for payment under the settlement.

The St. Jude defibrillator class action was filed in 2017 by plaintiffs claiming that the batteries in some implants were defective. The battery defects allegedly caused the formation of lithium clusters, which reportedly resulted in premature depletion of the defibrillator batteries. The plaintiffs claimed that St. Jude failed to warn consumers about the defective nature of their defibrillators.

Several models of the St. Jude defibrillators are included in the settlement. Models include the Fortify Assura DR, Fortify Assura VR, Fortify DR, Fortify ST, Fortify ST VR, Fortify VR, Quadra Assura MP, Quadra Assura, Unify Assura, Unify Quadra, and Unify. A list of all included model numbers is available here.

St. Jude has not admitted any wrongdoing by settling the case against them. Instead, a settlement provides a resolution to the issues without the risks and costs of continuing litigation.

Patients are eligible for between $100 CAD and $500 CAD in failure to warn compensation. If patients had their defibrillator explanted, they may be eligible for a pro rata settlement of around $10,000 CAD.

In the case of complications from explant surgery, patients are eligible for up to $12,500 CAD in additional compensation.

Both patients and family members of deceased patients can collect between $100 CAD and $500 CAD for out-of-pocket expenses. Family members can collect up to $60,000 CAD from the settlement depending on their relationship with the patient.

The deadline to submit a valid claim is Jan. 10, 2020. The objection and exclusion deadline has passed. The final approval hearing was scheduled for Aug. 1, 2019, during which the settlement was approved by the Ontario Superior Court of Justice.

Who’s Eligible

Class Members include individuals who were Canadian citizens before April 23, 2019 and who were implanted in Canada with certain St. Jude defibrillators manufactured between January 2010 and May 23, 2015.

Surviving family members of deceased individuals may also be eligible for payment under the settlement.

Potential Award

Out-of-pocket expenses between $100 CAD and $500 CAD are available for all patients and family Class Members.

For family members of deceased patients:

• Spouses can collect up to $60,000 CAD
• Minor children can collect up to $45,000 CAD
• Adult children or parents can collect up to $20,000 CAD

All patients can collect failure to warn compensation of $100 CAD for patients who had their defibrillator implanted before Dec. 1, 2013 and $500 CAD for patients who had their defibrillator implanted after Dec. 1, 2013.

Patients who had their defibrillator explanted may be eligible to receive a pro rata payment based on total number of explant claimants, complications, and the total number of valid claims (estimated to be $10,000 CAD)

Patients who had complications from explant surgery may be eligible to collect:

• $1,000 CAD for same day treatment
• $5,000 CAD for one to three days of hospitalization
• $12,500 CAD for more than three days of hospitalization

Proof of Purchase

Hospital records and other documentation.

Claim Form

CLICK HERE TO FILE A PATIENT CLAIM »

CLICK HERE TO FILE A DERIVATIVE CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

1/10/2020

Case Name

Houle, et al. v. St. Jude Medical Inc., et al., Case No. CV-17-572508, in the Ontario Superior Court of Justice

Final Hearing

8/1/2019

Settlement Website

www.STJudeICDClaim.ca

Claims Administrator

St. Jude ICD Class Action Settlement Claims Administrator
c/o Epiq Class Action Services Canada Inc.
Nelson P.O. Box 20187 – 322 Rideau Street
Ottawa ON K1N 5Y5
info@StJudeICDClaim.ca
1-833-414-8043

Class Counsel

Margaret Waddell
WADDELL PHILLIPS PROFESSIONAL CORPORATION

Paul Miller
HOWIE SACKS & HENRY LLP

Defense Counsel

Caroline Zayid
Eric Block
Byron Shaw
MCCARTHY TETRAULT LLP

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