Class Actions

St. Jude Defibrillator Class Action —

This class action is brought on behalf of every person resident in Canada that was implanted with one of several specific models of the St. Jude Defibrillator (ICD), and their immediate family members.

Case Overview

This class action relates to the following of models St. Jude Defibrillator (ICD), manufactured between January 2010 and May 23, 2015:

  1. Fortify;
  2. Fortify Assura;
  3. Quadra Assura;
  4. Quadra Assura MP;
  5. Unify;
  6. Unify Assura; and,
  7. Unify Quadra. (the Patient Class)

For a full list of devices, please refer to the Long-Form Notice of Settlement Approval.

There are approximately 8,900 Patients in Canada who were implanted with one of the affected devices.

Health Canada issued a safety alert on October 15, 2016 warning of the risk of early battery depletion in these ICDs because the battery might form lithium clusters causing the battery to discharge rapidly.

The claim alleged that St. Jude Medical, Inc. knew of the potential for early battery depletion in the ICDs but delayed warning about the problem. St. Jude denies it was negligent or that it breached any duty owed to the Class.

 

Status of the Action

On April 23, 2019, Justice Perell of the Ontario Superior Court of Justice certified this action as a class proceeding, on consent and for settlement purposes, only.

The Plaintiffs have entered into a Settlement Agreement with the Defendants, which was approved by the court as being fair and reasonable and in the best interests of the Class on August 1, 2019. The Settlement has resolved all the claims asserted against the Defendants in this class action, and the Defendants have been granted a full release from liability by the Class as part of the settlement approval order.

More information is available under Updates.

You may also review the case updates on the website of our co-counsel, Howie, Sacks & Henry LLP at: http://www.hshlawyers.com/expertise/mass-tort-litigation/st-jude-defibrillatorpacemaker/

Do you have a St. Jude ICD, and would you like to speak with a member of our Team?

If you or a loved one had or have a St. Jude ICD, and would like to speak to a member of our team, you may complete our online form and 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.: St. Jude Defibrillator Class Action

Case Overview

This class action relates to the following of models St. Jude Defibrillator (ICD), manufactured between January 2010 and May 23, 2015:

  1. Fortify;
  2. Fortify Assura;
  3. Quadra Assura;
  4. Quadra Assura MP;
  5. Unify;
  6. Unify Assura; and,
  7. Unify Quadra. (the Patient Class)

For a full list of devices, please refer to the Long-Form Notice of Settlement Approval.

There are approximately 8,900 Patients in Canada who were implanted with one of the affected devices.

Health Canada issued a safety alert on October 15, 2016 warning of the risk of early battery depletion in these ICDs because the battery might form lithium clusters causing the battery to discharge rapidly.

The claim alleged that St. Jude Medical, Inc. knew of the potential for early battery depletion in the ICDs but delayed warning about the problem. St. Jude denies it was negligent or that it breached any duty owed to the Class.

 

Status of the Action

On April 23, 2019, Justice Perell of the Ontario Superior Court of Justice certified this action as a class proceeding, on consent and for settlement purposes, only.

The Plaintiffs have entered into a Settlement Agreement with the Defendants, which was approved by the court as being fair and reasonable and in the best interests of the Class on August 1, 2019. The Settlement has resolved all the claims asserted against the Defendants in this class action, and the Defendants have been granted a full release from liability by the Class as part of the settlement approval order.

More information is available under Updates.

You may also review the case updates on the website of our co-counsel, Howie, Sacks & Henry LLP at: http://www.hshlawyers.com/expertise/mass-tort-litigation/st-jude-defibrillatorpacemaker/

Do you have a St. Jude ICD, and would you like to speak with a member of our Team?

If you or a loved one had or have a St. Jude ICD, and would like to speak to a member of our team, you may complete our online form and 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.: St. Jude Defibrillator Class Action

The Action has been Certified as a Class Proceeding, and the Settlement has been Approved.

This action was certified as a class action on April 23, 2019 with the consent of the Defendants, solely for the purpose of effecting a settlement of the action. The deadline for opting out of the class action has now passed.

The Settlement Agreement

The Plaintiffs entered into a Settlement Agreement with the Defendants, which has been approved by the court as being fair and reasonable and in the best interests of the Class.  The Settlement resolves all the claims asserted against the Defendants in this class action.  The Defendants continue to deny any liability to the Class, and have been grated a full release as part of the settlement approval.

A Short-Form Notice advising Class members of the settlement approval and a claim form are being sent out by mail to all class members for whom St. Jude has records.

Claim forms can also be filled out online (or downloaded) from the Claims Administrator website: www.stjudeicdclaim.ca.

You can learn more about the Settlement and how it affects the class members by reading the Long-Form Notice.

In general, the Settlement will result in payments to Eligible Explant Claimants of as much as $10,000, more or less, plus additional compensation for complications arising from the surgery.  Other members of the Class will receive up to either $100 or $500 depending upon when they were implanted with an affected defibrillator.  Class members may also be reimbursed for out of pocket expenses of up to $500.

The terms for the distribution of the settlement funds, including proposed shares for different class members, can be found at Schedule G of the Settlement Agreement, and are explained at www.stjudeicdclaim.ca.

We review every inquiry we receive and will respond promptly to case specific inquiries.
Contact us below and we’ll respond shortly.

Frequently Asked Questions

Who are the Patient Class Members?

Patient Class Members are all persons who are resident in Canada and were implanted in Canada with one or more of the Defibrillators listed on the Patient Claim Form.

Who are the Derivative Class Members?

Derivative Class Members are close family members of Patient Class Members such as a spouse, children, grandchildren, parents or grandparents. All Derivative Class Members have the right to make claims for their own out of pocket expenses that were incurred because of actions taken in response to the Health Canada Advisory published on October 10, 2016.

Only the spouse and minor children, or if there is no spouse or minor children, then adult children or parents of deceased Patient Class Members may claim death benefits if the Patient Class Member died and the death was caused by the lithium cluster issues, but only if they meet the required criteria set out in the Derivative Class Member Claim Form.

Can I make a claim on behalf of someone who is deceased?

Yes, you may make a claim on behalf a deceased Patient Class Member’s Estate only if you are the executor of the Patient Class Member’s Estate. If you are the estate executor, the Claim Form must be accompanied by a copy of the death certificate and the grant of probate or a copy of the deceased’s will.

How do I make a claim on behalf of someone who is deceased?

If you are an estate executor and are making a claim on behalf of a deceased Patient Class Member, please fill out the Patient Claim Form and include the name and defibrillator information of the deceased Patient Class Member and also include your contact information. You must include proof that you are the estate executor, such as the grant of probate or a copy of the deceased’s will, in your claim package as well as a copy of the death certificate.

What proof do I need to send in to support my claim?

No documentary proof if required in you are not an Explant Patient, and you received a prefilled Claim Form. You need only to submit the completed Claim Form.

If you are an Explant Patient, proof of your claim may include Doctor, Physician, Clinical or Hospital records or notes. These can be requested by contacting your doctor, cardiac device clinic, or treating hospital. You may supplement this with a written submission in the space provided in the Claim Form.

Do I need to send you original documents to support my claim?

No. Please only send copies of your documentation to the Claims Administrator.

Where do I send my completed Claim Form?

Please mail your completed Claim Form and supporting documentation to:

St. Jude ICD Class Action Claims Administrator
Nelson P.O. Box 20187 – 322 Rideau Street
Ottawa, ON K1N 5Y5

OR

Email your Claim Form and supporting documentation to:

info@stjudeicdclaim.ca

OR

Fax your completed Claim Form and supporting documentation to the Claims Administrator at:

1-866-414-8043

Please do not send your Claim Forms to Class Counsel.

 

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