Brigette Honaker  |  July 10, 2019

Category: Legal News

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heart rate and rhythmA website has been establish to inform Canadian Class Members of their rights under a pending St. Jude Medical class action settlement.

St. Jude Medical has agreed to pay $5 million CAD to resolve claims that their implantable defibrillators failed prematurely and without warning.

The settlement will benefit individuals who were Canadian residents on or before April 23, 2019 and who were implanted in Canada with certain St. Jude defibrillator manufactured between January 2010 and May 23, 2015. Surviving dependents of deceased patients may also be eligible for recovery under the settlement.

Although the website is active, the claims process will not begin until the settlement is granted final approval which may occur at the final hearing on Aug. 1, 2019. Once this happens, the court will provide a Claim Form deadline and begin to accept claims.

The St. Jude defibrillator class action lawsuit was filed by plaintiff Shirley Houle and Roland Houle in 2017.

The plaintiffs claimed that Fortify defibrillators (Assura DR, Assura VR, DR, ST DR, ST VR, and VR models) were manufactured with defective batteries that formed lithium clusters. When the clusters form, batteries allegedly fail prematurely which can cause health complications.

Implanted cardiac defibrillators are small, battery powered devices that help keep track of a patient’s heart rate. If a patient’s heart rate starts to become irregular, the defibrillator delivers an electrical shock to the heart through thin wires. This helps to restore a normal heart beat. Defibrillators are often implanted in patients at risk for sudden death from cardiac arrest.

St. Jude Medical Inc. and St. Jude Medical Canada Inc. have not admitted any wrongdoing by settling claims that their implanted defibrillators are defective. Instead, the company will resolve claims in order to avoid the future costs and risks associated with a trial.

There are several types of compensation available under the settlement, ranging from $100 to up to $60,000. All Class Members are eligible for up to $500 in expense compensation.

Patients are eligible for additional compensation based on when their defibrillator was implanted, whether or not they had the defibrillator removed, and whether or not they experienced complications from explanting the defibrillator.

Both Patient Class Members and Derivative Class Members may be entitled to up to $500 in out-of-pocket expense compensation.

Patient Class Members who did not have their defibrillator explanted may be able to collect up to $100 if their defibrillator was implanted before Dec. 1, 2013 and up to $500 if their defibrillator was implanted after Dec. 1, 2013.

Patient Class Members who had their defibrillator explanted may be eligible for an estimated pro rata payment of $10,000.

If these Class Members experienced complications, they may be eligible for further payment based on the length of their hospital stay.

An additional $1,000 is available to patients who needed same day treatment, $5,000 is available for patients who needed one to three days of hospitalization, and $12,500 is available for patients who needed more than three days of hospitalization.

Derivative Class Members may be eligible for additional wrongful death payments if a patient’s death was caused by premature battery failure. Spouses may be able to collect $60,000, minor children may be able to collect $45,000, and adult children or parents may be able to collect up to $20,000.

The deadline for exclusion from the settlement is July 19, 2019. The deadline for objection is July 29, 2019. The final approval hearing for the settlement is scheduled for Aug. 1, 2019.

The Class is represented by Margaret Waddell of Waddell Phillips Professional Corporation and by Paul Miller of Howie Sacks &  Henry LLP.

The St. Jude Medical Class Action Lawsuit is Houle, et al. v. St. Jude Medical Inc., et al., Case No. CV-17-572508, in the Ontario Superior Court.

UPDATE: August 2019, the Canada St. Jude ICD class action settlement is now open. Click here to file a claim.

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7 thoughts onCanada St. Jude Defibrillator Class Action Settlement Website Active

  1. MICHELLE HARRIS says:

    I HAVE AN ICD DUE TO HEART FAILURE, AND I HAVE HAD MY ICD REMOVED AND REPLACED BUT THEY LEFT THE OLD LEAD, AND AT THE TIME OF THE CHANGE OUT THEY HAD ALREADY KNEW THE LEADS GOES BAD, SO NOW I HAVE TO GO BACK UNDER THE KNIFE AND TAKE ALL THE RISK!!!

    ***FOR THOSE WHO THINK THIS IS AN PETTY LAWSUIT, YOU THINK ABOUT HOW THE PPL FEELS THOSE WHO LOST A LOVED ONE, OR SOMEONE MAY HAVE GOTTEN SHOCKED THAT MAY HAVE MADE THEIR HEALTH WORST. DO YOU THINK THE BIG COMPANY WAS OR IS GOING TO DO THE RIGHT THING, WHICH WOULD BE TO PAY THE MEDICAL BILLS BUT “NO”.

  2. MICHELLE HARRIS says:

    ADD ME

  3. Brittney Joseph says:

    Add me

  4. Kim says:

    I just have to say I don’t know Why this lawsuit come about then I’m very sorry if it was something that took a life. However is pretty sad that somebody would Sue a hospital that is based solely on donations they are a non profit hospital said anything you could get from them will be absolutely a blessing. However in spite of that someone still suing them I just think that it’s pretty low.

    1. Teresa Pewo says:

      You are so right Kim,

    2. Teresa Pewo says:

      St. Jude has saved so many children, i could not ever sue them! St. Jude is a GOD send

  5. tikeisha says:

    add me

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