Howie, Sacks & Henry LLP – Personal Injury Law – Defective Medical Devices and Implants

Claims Administration Update

The claim period is closed. The deadline to submit a claim was January 10, 2020.

The Referee completed his review of the explant claimants applications, and claims for reimbursement of expenses.  His decisions are being sent out to the claimants, and are final, except for cases where the Referee denied a claim for a payment from the Extraordinary Injury Fund.  Those claimants have 10 business days from the delivery of the Referee’s decision to ask the case management judge to review the decision.  All such requests should be forwarded to Class Counsel at email:  reception@waddellphillips.ca , fax:  416-477-1657, or by mail to Defibrillator Class Action, Waddell Phillips PC, 36 Toronto St., Toronto, ON M5C 2C5.  Class counsel will forward the requests to the judge.

Once the appeal period from the Referee decisions is complete, and the judge has resolved any review requests, the Claims Administrator will be able to ascertain the total compensation for each eligible explant patient and the derivative claimants, and the funds will be disbursed.  Currently we anticipate the payments will be made by the end of January, 2021.

Status of the Action

The Action has been Certified as a Class Proceeding

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. In order to make a claim use one of these claim forms: 

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.

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

You can learn more about the proposed Settlement and how it will affect 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.

Further updates will be posted as the case progresses. You may also review the case updates on the website of our co-counsel, Waddell Phillips Professional Corporation at: https://waddellphillips.ca/class-actions/st-jude-defibrillator-class-action/.

Tell Us What Happened.

Our team of highly-trained lawyers are here to listen and help.

Call

We’re available 24/7 for a free consultation.

FIRST TIME CALLERS
CURRENT CLIENTS

Live Chat

From the comfort of your phone, tablet or computer we’re available 24/7.

Online Form

Complete our online form and we’ll get back to you within one business day.

Demystifying the complex and sometimes overwhelming world of personal injury law.

Howie, Sacks & Henry LLP – Personal Injury Law – Top 10 Personal Injury Boutique 2021

Among the best in Canada

Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.

Among the best in Canada

Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.

Howie, Sacks & Henry LLP – Personal Injury Law – Top 10 Personal Injury Boutique 2021