The Medtronic Sprint Fidelis Leads Class Action sought compensation for injuries alleged to be associated with certain ICD leads manufactured by Medtronic, Inc. and/or Medtronic of Canada Ltd. The plaintiffs alleged that the Leads were prone to fracturing, which can cause unintended shocks and/or the need to replace the leads. The defendants deny the plaintiffs’ allegations.
The lawsuit was certified as a Canada-wide class action on October 2, 2009 on behalf of all persons who were implanted in Canada with one or more Sprint Fidelis lead with model number 6949, 6948, 6931 or 6930 (“the Leads”). You may have an implant card which will indicate which lead(s) you were implanted with or, alternatively, your healthcare provider will have this information. The lawsuit was also certified on behalf of a class that includes certain family members of those implanted with the Leads.Top
The Settlement Agreement is a compromise between the positions of the parties and is not a finding of fault on the part of the defendants. The Representative Plaintiffs and the lawyers representing them believe that the Settlement is in the best interests of the all Class Members.
The Settlement Agreement, if approved, will bring an end to the lawsuit and will provide compensation to Class Members who satisfy certain eligibility criteria showing that they suffered certain injuries related to their Lead(s).
The Settlement Agreement requires the approval of the Ontario Superior Court of Justice in order to become effective. The Court must find that the Settlement Agreement is fair, reasonable and in the best interests of the Class Members and the hearing to decide whether the Settlement will be approved is scheduled to take place in Toronto at Osgoode Hall, 130 Queen Street West, on March 2, 2020 at 9:00 a.m. If, for any reason, the hearing is rescheduled, updated information will be posted here.
If you wish to object to the proposed Settlement, you must submit a written objection to the Claims Administrator by no later than February 24, 2020 at the address listed below.
Medtronic Leads Class Action Claims Administrator
P.O. Box 4454, Toronto Station A
25 The Esplanade, Toronto, ON M5W 4B1
The Claims Administrator will file copies of all objections with the Court. Do NOT send an objection directly to the Court.
If the Court approves the Settlement, this settlement website will be updated accordingly and any and all related dates and deadlines will also be posted here.
The Settlement Agreement provides for the creation of a $26 million (CDN) Settlement Fund which will be used to pay compensation for eligible claims, as well as payments to Public Health Insurers, the costs of notice and administration and all Class Counsel legal fees, disbursements and taxes that are approved by the Court.
In order to be considered for compensation under the Settlement, you must complete and submit a Claim Package to the Claims Administrator on or before the expiry of the Claim Period. The Claim Package describes what you must provide to prove your claim. More information about the eligibility terms and conditions is also contained in the Claims Eligibility Criteria, Compensation and Administration Procedures.
Your Claim Package must be submitted before the expiry of the Claim Period, which will be fixed by the Court at or shortly after the Approval Hearing, if the Settlement Agreement is approved. All deadlines will be posted on this website, so be sure to check in from time to time.Top
Class Counsel are:
Rochon Genova LLP Kim Spencer McPhee
Barristers ● Avocats Barristers P.C.
900-121 Richmond St. W. 1200 Bay St., Suite 1203
Toronto, ON M5H 2K1 Toronto, ON., M5R 2A5
Joel P. Rochon Megan B. McPhee
Tel: (416) 363-1867 Tel: (416) 596-1414
Fax: (416) 363-0263 Fax: (416) 598-0601
You do not need to retain a lawyer in order to file a claim under the Settlement, and the Claims Administrator and Class Counsel can answer questions you may have about the process, however if you do retain a lawyer to submit a claim, you will be responsible to pay any fees and disbursements that lawyer might charge.
You can download and print a Claim Package from this website or you can request that a Claim Package be mailed to you by the Claims Administrator, then fill it out in its entirety and mail or fax the Claim Package and all required supporting documentation back to the Claims Administrator on or before the expiry of the Claim Period.Top
The Claim Package sets out the documents that you need to submit in support of your claim, so read that document carefully. In summary, you will need to provide the following:
Proof that you were implanted with one or more of the included Leads;
Proof that your Lead(s) was explanted/replaced and/or caused unintended shocks as a result of a fracture or impending fracture of the Lead(s);
Where applicable, medical records proving that you suffered excessive unintended shocks and/or certain medical complications during or because of your explant surgery;
Where applicable, documentation reflecting income loss you claim was caused by excessive unintended shocks and/or medical complications related to your explant surgery.
More detailed information about what you need to include with your Claim Package is set out in the Claims Eligibility Criteria, Compensation and Administration Procedures.Top
No payments will be made until after the Settlement Agreement has been finally approved and after all claims have been submitted and finally adjudicated. As a result, it is not possible to provide a definitive date, however it is expected that payments will not be made before the late fall of 2020.
The Notice summarizes the Settlement. More details are in the Settlement Agreement and its Exhibits. You can review additional information on this website and you may also contact Class Counsel at the contact points noted above.Top
If you have further questions or need any help, please contact the Claims Administrator at:
Telephone (toll-free): 1-888-788-4820
Mail: P.O. Box 4454, Toronto Station A
25 The Esplanade, Toronto, ON M5W 4B1Top