Québec

On October 6, 2023, Siskinds, Desmeules filed an application for authorization to institute a class action  in the Superior Court of Quebec, alleging that certain implantable catheter products manufactured by Becton Dickinson (aka “BD”) and/or C.R. Bard (aka “Bard”) contain safety defects in that they are affected by defects in design and/or manufacture and that  , and that the manufacturers failed to adequately warn users, and their health care providers, that their implantable catheter products increase the risk of serious complications, including infection, sepsis, blood clot, heart attack, stroke, and death.

You can view a copy of the application for authorization by clicking here (in French only)

The class action is in its early stage and has not yet been authorized by the court.

British Columbia

On April 22, 2024, Siskinds LLP filed a similar national proposed class action in the Supreme Court of British Columbia.

You can view a copy of the Notice of Civil Claim by clicking here.

The class action is in its early stage and has not yet been certified by the court.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action.

The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by this class action?

You are affected by this class action and may be a "class member" if you received an implantable central vascular (venous) access device manufactured by the Defendants or a central venous catheter (together the "Targeted Devices") and, as a result of the Device's Failure*, you have suffered Bodily Injury**.

* Failure" means, in particular, cracking, rupture, perforation, microfracture, pitting, splitting and other degradation and alterations to catheters, including migration;

** Bodily injury" means infection, bacterial colonization, sepsis and necrosis; injury, perforation of tissues, vessels and organs, and hemorrhage; blood clots (deep vein thrombosis, venous thromboembolism (including pulmonary embolism) and stroke); cardiac disorders (such as cardiac tamponade, cardiac arrhythmia and cardiac puncture); failure, delay and complications of medical treatments (including catheter obstruction or leakage, and inability to administer intravenous fluids as intended); and death;

The Targeted Devices include:

• PowerPort,
• PowerFlow
• PowerHickman,
• X-Port,
• SlimPort,
• BardPort, and
• Titanium.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order.  You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action.  In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people

What should I do to protect my rights?

1. Keep a record of medical expenses incurred — appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.;
2. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.);
3. If possible, keep a journal of symptoms and note any times when you are unable to attend work or school as a result of your symptoms.
4. Register to updates by clicking on the Join button and complete the form to subscribe to our database to receive all updates and notices regarding this class action.

If you have not already done so already, you can contact Siskinds, so that we can help you obtain your relevant medical and pharmaceutical records. The more time goes by, the more difficult it may be to collect this information.

All personal information provided to Siskinds will be kept private and confidential.

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in Touch form below, call us toll free at 1.877.735.3842 or email us at [email protected].

For information in French or to contact our Quebec office Siskinds Desmeules, call us at 418.694.2009 or toll free at 1.877.735.3842 or email us at [email protected].

Québec

• Application for authorization–October 6, 2023 (French Only)

British Columbia

• Notice of Civil Claim – April 22, 2024