LONDON,
ON, July 5, 2024 /CNW/ - Siskinds LLP,
Siskinds, Desmeules s.e.n.c.r.l., McKenzie Lake Lawyers LLP,
Merchant Law Group LLP, and Koskie Minsky LLP announced today court
approval of a Canada-wide
settlement reached in a class action related to certain inferior
vena cava filter products ("IVC Filter Products") marketed
and sold by Cook (Canada) Inc.,
Cook Incorporated, and William Cook Europe APS ("Cook").
IVC filters are devices designed to filter blood clots which may
otherwise travel to the heart and/or lungs. Optionally retrievable
IVC filters are a type of filter that may be removed if medically
advisable to do so after a patient is no longer at risk of a
pulmonary embolism.
The class action alleges that Cook marketed and
sold IVC Filter Products without properly warning of the
alleged increased risks of complications and injuries.
Cook denies the allegations and all liability whatsoever, and the
Court did not come to a decision as to who was right.
The settlement applies to every person who is or was a resident
of Canada who was implanted with a
Cook IVC Filter Product at any time on or before January 8, 2020, which was manufactured,
marketed and/or sold or otherwise placed into the stream of
commerce in Canada by Cook, and
their family members. For greater certainty, the residency
requirement for class membership relates to the time of the
placement of the Cook IVC Filter Product. Primary Class Members
must have had a Cook IVC Filter Product placed in Canada but are not required to reside in
Canada at present.
Under the Settlement, Cook will provide a claims-made settlement
of up to $54,000 CAD for each
Qualifying Fracture Claimant, $81,000
CAD for each Qualifying Death Claimant, and $169,500 CAD for each Qualifying Open Surgery
Claimant, with a pro rata reduction of in the amount of each
payment to the extent that the total amount of the claims in
categories (a), (b) and (c) above exceed $4,062,720 CAD. Also, a
payment in the amount of $2,708,480 CAD will be made for Class
Counsel to pay costs, including administration costs, notice plan
costs, class counsel fees, interest, applicable taxes, and certain
other qualified claims as provided in the settlement agreement. The
final value of the compensation will not be determined until the
end of the claim period.
The settlement was approved by the Ontario Superior Court of
Justice on May 17, 2024. The Court
also approved the Compensation Protocol, which governs which class
members are eligible for compensation and in what amount.
Class Members Can Now Submit Claims
Class members can now submit claims for compensation which will
be adjudicated by the Claims Administrator pursuant to the
eligibility terms of the Compensation Protocol. To make a claim for
compensation under the settlement agreement, you must complete and
submit a claim form (including the necessary supporting evidence
detailed in the Compensation Protocol) to the Claims Administrator
before November 11, 2024.
If you do NOT submit your claim form on time, you will not be
eligible for any benefits under the settlement agreement.
Filing a claim is complex and requires medical records which
will take time to retrieve. As a result, you may wish to retain a
lawyer to assist you. You can retain Class Counsel or a lawyer of
your choice.
For information about the eligibility criteria, compensation
levels, and how to make a claim, you should review the long-form
Notice, the Compensation Protocol and the Settlement Agreement and
related documents at www.ivcsettlement.ca, or contact the Claims
Administrator as follows:
RicePoint Administration Inc.
CO9 Settlement
P.O. Box 3355
London, Ontario N6A 4K3
Telephone (toll-free): 1-877-257-8346
The law firms of Siskinds LLP, Siskinds, Desmeules s.e.n.c.r.l.,
McKenzie Lake Lawyers LLP, Merchant Law Group LLP, and Koskie
Minsky LLP represent Class Members and may be contacted as
follows:
Siskinds LLP
275 Dundas St, Unit
1
London, ON N6B
3L1
Telephone:
1-800-461-6166
Email:
IVCFilters@siskinds.com
|
McKenzie Lake Lawyers LLP
140 Fullarton Street,
Suite 1800
London, ON N6A
5P2
Telephone:
1-844-672-5666
Email:
christina.noble@mckenzielake.com
|
Merchant Law Group LLP
Suite 400, 2710 17th
Avenue SE
Calgary, AB T2A
0P6
Telephone: 1-888-567-7777
Email: heidi@merchantlaw.com
|
Koskie Minsky LLP
20 Queen Street West,
Suite 900, Box 52
Toronto, ON M5H
3R3
Telephone:
1-800-764-7717
Email: ivcfiltersclassaction@kmlaw.ca
|
Siskinds Desmeules, Avocats
43 Rue De Buade,
#320
Québec City, QC
G1R 4A2
Telephone:
1-800-461-6166
Email:
IVCFilters@siskinds.com
|
SOURCE Siskinds LLP, McKenzie Lake Lawyers LLP, Merchant Law
Group LLP, Koskie Minsky LLP, and Siskinds Desmeules, Avocats