LONDON, ON, Dec. 16, 2020 /CNW/ - On January 8, 2020, the Ontario Court of Appeal certified this proceeding to move forward as a class action.
Inferior vena cava ("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. This class action lawsuit has been initiated in Ontario alleging that the Defendants marketed and sold IVC Filter Products without properly warning of alleged increased risks of complications and injuries. The class action seeks, among other things, damages, including for personal injuries, related to this alleged failure to warn as well as consequential damages suffered by family members. The Defendants deny the allegations, deny that the warnings were insufficient and stand by their products.
On January 8, 2020, the Ontario Court of Appeal certified this proceeding to move forward as a class action on behalf of all residents of Canada who were implanted with an IVC filter product, namely: the Cook Gunther Tulip Vena Cava Filter Set, the Cook Celect Vena Cava Filter Set, and the Cook Celect Platinum Vena Cava Filter Set, at any time on or before January 8, 2020.
Class Members who want to participate in the class action are automatically included and need not do anything at this time. The Class Proceedings Act provides that no Class Member, other than the representative class member, will incur liability for legal costs if the action is dismissed. Each Class Member who does not opt out of the class action will be bound by the terms of any judgment or settlement and will not be allowed to pursue or continue an independent action with respect to these issues. If the class action is successful, Class Members may be entitled to share in the amount of any award or settlement recovered.
SOURCE McKenzie Lake Lawyers LLP
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