Class Actions

LivaNova Class Action —

This proposed national class action is brought by former and current patients of Canadian hospitals who were exposed to dangerous bacteria through the use of the Sorin 3T Heater Cooler System manufactured and distributed by LivaNova / Sorin.

Case Overview

Waddell Phillips PC is co-counsel with the law firm of Flaherty McCarthy LLP (www.livanovaclassaction.com) in respect of a proposed class action against Sorin Group Deutschland gmbh and LivaNova Canada Corp. with respect to alleged faulty Sorin 3T Heater-Cooler Systems that put people at risk of serious infection by M. Chimaera and M. Abscessus, which are subspecies of Nontuberculous Mycobacterium (NTM).

The claim is brought on behalf all persons in Ontario and elsewhere in Canada who underwent surgery during which the Sorin 3T Heater Cooler System (the “Sorin 3T System”) was used, excluding all persons who were subject to open heart cardiac surgery at the Institut de cardiologie de Montreal after January 1, 2012, (the Patient Class) during the period between January 1, 2010 and the date of certification of this action as a class proceeding  (the Class Period), and their dependants.

The Sorin 3T System is used to regulate the temperature of fluids during surgical procedures – including, in particular, open-heart surgeries. The System is widely used in Canadian hospitals.

Beginning in 2011 (and perhaps earlier), a peculiar type of NTM (M. chimaera) was identified in post-surgical patients who underwent open-heart procedures. Following patient deaths in Europe and the United States in which M. chimeara was present, clinical and academic researchers sought to determine the cause of these unique infections. In August 2014, M. chimera was identified on the production line at a facility at which the Sorin 3T Systems were manufactured.

The US Food and Drug Administration (FDA) began an investigation and issued safety warnings about the Devices and issued multiple safety communications about the Devices.

In October 2016 and again on February 17, 2017, Health Canada issued a Medical Device Recall for the Devices, advising that there is a potential risk of NTM infections with the Devices.

This proposed class action seeks damages from the manufacturers and distributors of the Devices for class members who were exposed to a potentially fatal risk of NTM infection. In addition, the proposed class action seeks redress for those class members who actually developed NTM infections, including those who may have died as a result.

Did you undergo a surgery during which the Sorin 3T System was used and would you like to speak with a member of our Team?

If you believe that you or someone you care about underwent surgery in a Canadian hospital during which time the Sorin 3T System was used, we would love to hear from you.

If you complete our online form, we will respond to your inquiry, typically within one business day. Or you can contact us at:

reception@waddellphillips.ca

(t) 647-261-4486
(f) 416-477-1657

36 Toronto St., Suite 1120, Toronto, ON, M5C 2C5, attn.: LivaNova Class Action

Case Overview

Waddell Phillips PC is co-counsel with the law firm of Flaherty McCarthy LLP (www.livanovaclassaction.com) in respect of a proposed class action against Sorin Group Deutschland gmbh and LivaNova Canada Corp. with respect to alleged faulty Sorin 3T Heater-Cooler Systems that put people at risk of serious infection by M. Chimaera and M. Abscessus, which are subspecies of Nontuberculous Mycobacterium (NTM).

The claim is brought on behalf all persons in Ontario and elsewhere in Canada who underwent surgery during which the Sorin 3T Heater Cooler System (the “Sorin 3T System”) was used, excluding all persons who were subject to open heart cardiac surgery at the Institut de cardiologie de Montreal after January 1, 2012, (the Patient Class) during the period between January 1, 2010 and the date of certification of this action as a class proceeding  (the Class Period), and their dependants.

The Sorin 3T System is used to regulate the temperature of fluids during surgical procedures – including, in particular, open-heart surgeries. The System is widely used in Canadian hospitals.

Beginning in 2011 (and perhaps earlier), a peculiar type of NTM (M. chimaera) was identified in post-surgical patients who underwent open-heart procedures. Following patient deaths in Europe and the United States in which M. chimeara was present, clinical and academic researchers sought to determine the cause of these unique infections. In August 2014, M. chimera was identified on the production line at a facility at which the Sorin 3T Systems were manufactured.

The US Food and Drug Administration (FDA) began an investigation and issued safety warnings about the Devices and issued multiple safety communications about the Devices.

In October 2016 and again on February 17, 2017, Health Canada issued a Medical Device Recall for the Devices, advising that there is a potential risk of NTM infections with the Devices.

This proposed class action seeks damages from the manufacturers and distributors of the Devices for class members who were exposed to a potentially fatal risk of NTM infection. In addition, the proposed class action seeks redress for those class members who actually developed NTM infections, including those who may have died as a result.

Did you undergo a surgery during which the Sorin 3T System was used and would you like to speak with a member of our Team?

If you believe that you or someone you care about underwent surgery in a Canadian hospital during which time the Sorin 3T System was used, we would love to hear from you.

If you complete our online form, we will respond to your inquiry, typically within one business day. Or you can contact us at:

reception@waddellphillips.ca

(t) 647-261-4486
(f) 416-477-1657

36 Toronto St., Suite 1120, Toronto, ON, M5C 2C5, attn.: LivaNova Class Action

The Amended Amended Statement of Claim has been issued and served on the Defendants.

The Defendants have not yet delivered a statement of defence.

A motion for certification of the action as a class action is currently scheduled for May 23-24, 2019 .

An application for funding for this action was heard by the Class Proceedings Fund on March 18, 2018. The funding application was successful. The Class Proceedings Fund will provide some funding for the costs of disbursements incurred in prosecuting the case, and will provide an indemnity to the plaintiff for any adverse cost awards made by the court. In exchange, the Fund will be entitled to receive 10% of the net proceeds of any judgment or settlement achieved for the class.

Further updates will be posted as the case progresses.

We review every inquiry we receive and will respond promptly to case specific inquiries.
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