On July 5th, 2024, a claims filing process became open to Canadians to apply for compensation for injuries suffered following the implant of certain IVC (inferior vena cava) filters—medical devices designed to trap blood clots passing through the IVC, the body’s largest vein. The claims process will give Canadians the chance to apply to have their claims evaluated pursuant to a court-approved compensation protocol and be offered individual awards of funds, if eligible, from a national Settlement of the Canadian Cook IVC Filters class action litigation.
The Canadian Cook IVC Filters Class Action Settlement resolves national class action litigation which alleged that that the “Cook” group of companies marketed and sold IVC Filter Products (including the Celect Vena Cava Filter, Celect Platinum Vena Cava Filter, Günther Tulip Vena Cava Filter) without properly warning of increased risks of complications and injuries. The injuries alleged by the class proceedings included possible fractures of the filters, increased risk of subsequent surgeries, and the possibility of the products being unable to be removed from the body (despite being marketed as “retrievable”). Cook denied the allegations and any liability.
Siskinds LLP and Siskinds Desmeules were among Class Counsel firms that pursued the class action litigation and helped to achieve the Settlement, which received its approval from the Ontario Superior Court of Justice through a decision released on May 17, 2024 (Read our IVC Filters webpage for more info).
Pursuant to the Compensation Protocol for the Settlement, Canadians who were implanted with a Cook IVC Filter Product at any time on or before January 8, 2020, as well as estates of Canadians who’ve passed away, will be able to submit claims for various types of eligible injuries.
Under the settlement, Class Members can claim for fractures, open retrieval surgeries, medical recommendations against retrievals, and deaths caused by the products, as well as certain symptoms attributed to IVC Filters and/or surgeries involving the products. Claimants will be awarded compensation if they can provide the required implant evidence (to show a valid product was implanted during the requisite period of time) and injury or treatment evidence (to show that an eligible injury occurred). The deadline to file a claim is November 11th, 2024.
You can get more information on eligibility criteria and how to file a claim by visiting the settlement website ivcsettlement.ca or by contacting the claims administrator at 1-877‑257-8346.
Siskinds LLP is representing Canadians impacted by IVC Filters. If you or a family member were implanted with an IVC Filter and suffered injuries, we encourage you to email [email protected] or call us toll-free, at 1-800-461-6166.