LONDON, ON, March 29, 2024 /CNW/ - A Canada-wide Settlement Agreement was recently
reached in a class action against Cook (Canada) Inc., Cook Incorporated, and William
Cook Europe APS ("Cook") related to certain inferior vena
cava filter products ("IVC Filter Products") marketed and
sold by Cook (Canada) Inc., Cook
Incorporated, and William Cook Europe APS ("Cook").
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.
The Class Action alleges that Cook marketed and
sold IVC Filter Products without properly warning of the
alleged increased risks of complications and injuries.
Cook denies the allegations and all liability whatsoever, and the
Court did not come to a decision as to who was right.
Proposed Settlement
The proposed Settlement applies to every person who is or was a
resident of Canada who was
implanted with a Cook IVC Filter Product at any time on or
before January 8, 2020, which was
manufactured, marketed and/or sold or otherwise placed into the
stream of commerce in Canada by
Cook, and their family members. For greater certainty, the
residency requirement for class membership relates to the time of
the placement of the Cook IVC Filter Product. Primary Class
Members must have had a Cook IVC Filter Product placed in
Canada but are not required to
reside in Canada at present. You
can no longer opt out of the Class Action.
Under the Settlement, Cook will provide a claims-made settlement
of up to (a) $54,000 CAD for each
Qualifying Fracture Claimant, (b) $81,000 CAD for each Qualifying Death Claimant,
and (c) $169,500 CAD for each
Qualifying Open Surgery Claimant, with a pro rata reduction of the
amount of each payment to the extent that the total amount of the
claims in categories (a), (b) and (c) above exceed $4,062,720
CAD. Also, a payment in the amount of $2,708,480 CAD will be
made for Class Counsel to pay costs, including administration
costs, notice plan costs, class counsel fees, interest, applicable
taxes, and certain other qualified claims as provided in the
Settlement Agreement. The final value of the compensation will not
be determined until the end of the claim period.
For complete details regarding the proposed Settlement,
including details on the fees and disbursements Class Counsel are
seeking, please consult the notice available at
www.ivcsettlement.ca, in English and fr.ivcsettlement.ca, in
French. Information related to the proceeding is also accessible at
www.ivcsettlement.ca.
Court Approval
The proposed Settlement must be approved by the Ontario Superior
Court of Justice before it becomes effective. A hearing to approve
the Settlement will be held on May 17,
2024 at 10:00 AM ET, during
which the Court will consider whether the proposed Settlement, the
proposed method for distributing the Settlement, and Class
Counsel's fees and disbursements are each fair and reasonable and
should be approved. Those interested in attending may visit
www.ivcsettlement.ca to find out how the hearing will be
conducted.
You can object to the proposed Settlement, the method of
distributing the Settlement, or Class Counsel fees and attend the
hearing to present that objection. Objections must be submitted in
writing to Class Counsel on or before May 3,
2024. Class Counsel will file all objections with the Court.
You may also attend the hearing to make oral submissions.
For more information about the Class Action, your rights, and
how to exercise your rights, please visit Class Counsel's websites
at www.siskinds.com, www.mckenzielake.com, www.merchantlaw.com,
kmlaw.ca, or contact as follows:
Siskinds LLP
275 Dundas St, Unit
1
London, ON N6B
3L1
Telephone:
1-800-461-6166
Email:
IVCFilters@siskinds.com
|
McKenzie Lake Lawyers LLP
140 Fullarton Street,
Suite 1800
London, ON N6A
5P2
Telephone:
1-844-672-5666
Email:
christina.noble@mckenzielake.com
|
Merchant Law Group LLP
Suite 400, 2710 17th
Avenue SE Calgary, AB T2A
0P6
Telephone: 1-888-567-7777
Email:
heidi@merchantlaw.com
|
Koskie Minsky LLP
20 Queen Street West,
Suite 900, Box 52
Toronto, ON M5H
3R3
Telephone:
1-800-764-7717
Email:
ivcfiltersclassaction@kmlaw.ca
|
Siskinds Desmeules, Avocats
43 Rue De Buade,
#320
Québec City, QC
G1R 4A2
Telephone:
1-800-461-6166
Email:
IVCFilters@siskinds.com
|
SOURCE Siskinds LLP