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A settlement has been proposed in the Medtronic defibrillators class action lawsuit alleging a defect in the life saving devices caused the batteries to rapidly run out.
The proposed settlement will create a $3.072 million settlement fund that will be used to pay compensation to eligible Class Members, to public health insurers, as well as administration costs, court-approved legal fees and disbursements. Notification of the Medtronic defibrillator class action proposed settlement began Jan. 15, 2020 per court order.
Class Members include those in Canada who were implanted with a defibrillator equipped with the Chi 4420L battery, part number 411310-006, produced before Dec. 31, 2003. Models in the settlement include:
- Marquis VR 7230
- Marquis DR 7274
- Maximo VR 7232
- Maximo DR 7278
- InSync Marquis 7277
- InSync III Marquis 7279
The maker of the defibrillator, Medtronic, denies the plaintiff’s allegations and doesn’t admit any liability; however, the company has agreed to pay compensation to eligible Class Members.
Class Members who wish to take part in the Medtronic defibrillator class action settlement must complete the material in the claims package. Information required includes the defibrillator implanted and evidence that the device was prematurely removed due to a recall.
Class Members who suffered either major or minor complications may be entitled to additional compensation. According to instructions on the settlement website, qualifying complications in the Medtronic defibrillator class action settlement can include certain hematomas, stroke and abscesses.
Class Members can receive up to $5,000 in compensatory payments, along with an additional award for complications, including expenses and/or lost wages.
The Medtronic defibrillator class action lawsuit alleges a defect in the devices that caused the batteries to rapidly deplete. According to the complaint, a battery short mechanism could cause the device to completely stop functioning.
The plaintiffs also claim that Medtronic failed to notify patients and doctors about the defibrillator problem in a timely fashion.
The proposed Class in the Medtronic defibrillator class action lawsuit was originally certified by an Ontario court on Dec. 6, 2007. Class Members who wish to object to the settlement must do so by Feb. 24, 2020.
An Ontario court will hold a settlement approval hearing on March 2, 2020. No settlement payments will be issued until after the court has ordered final approval of the settlement.
Were you implanted with a Medtronic defibrillator with a defective battery? Tell us your story in the comments below!
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiffs are represented by Megan B. McPhee of Kim Spencer McPhee Barristers PC and Joel P. Rochon of Rochon Genova LLP.
The Medtronic Defibrillator Class Action Lawsuit is Frank Peter, et al. v. Medtronic Inc., et al., Case No. 05-CV-295910 CP, in the Ontario Superior Court of Justice, Canada.
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9 thoughts onProposed Settlement in Medtronic Defibrillators Class Action
In 2009 I was implanted with Medtronic pace/defibulator. In 2011 I had to have another one implanted because of the battery. The third surgery was in 2014 with Viva Quad CRT also the leads were replaced at this time. The first 2 batteries didn’t last .
The last one I’ve had 8 plus years.
My husband had a medtronic defibrillator implanted October 2018.
In March 2019 he received a shock which revived him.
After that the defibrillator would alarm at random times. We sought help at our cardiologist office, Dr O’Shaughnessy Parkview Cardiology in Fort Wayne, Indiana and the device was checked and the staff were unsure what was causing the alarm to go off and indicated they would check with the company.
My husband was sure something was wrong with the defibrillator and we went to Cleveland Clinic
for help but never heard back.
On May 17 2019, my husband died. I was told the defibrillator failed to shock my husband.
Necesito me llamen, caso similar.
Caso muy similar, 5 descargas innecesarias, le desconectaron desfibrilador tarde pq no sabían quexera el equipo y si fue el equipo quien fallo. Quedo viva persona, pero sufrió daños que lo debilitaron y el desenlace final fue el mismo , murio.
By defibrillator was implanted in 2010 in two thousand and 17 it was replaced because of the battery needed to be changed. Then in 2018 December to be exact I heard an alarm going off come to find out of the inside of my heart had broken so I had to be rushed into emergency lead extraction surgery. Shortly after I inquired of a lawyer to look into a case for compensation for this malfunction at the time. I was told that no lawyer with touch this case because of the class action suit against medtronic’s as it stands today I am still looking to be compensated for my distress my pain and suffering and also the anxiety that this has caused me in regards to dealing with having a defibrillator implant. That is my story and if there is anything that you can do to help me I would appreciate it thank you.
Can’t wri
My boyfriend had a heart attack in 2002 and had a defibulator placed the very next year the lead caused a sore to come up on his chest where they placed it. It turned to MRSA he had to have it replaced. Also it had gone off several times throughout the time he had it.
I got my defibrillator/pacemaker implanted on 10/19/2016. 10 days later, on 10/29/2016 I was rushed to the ER and then put into a medically induced coma as I had developed ARDS (acute respiratory distress syndrome) and doctors expected me to die and were preparing my mom for my death. Doctors told me it’s a miracle I survived as most people do not recover from ARDS. I had no idea about this lawsuit…is it too late for me to make a claim?
My husband was inplanted with the depfilalator in 2017 he died in 2018 and i call his heart doctor and they said they had no knowledge of the machine stopping!