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Implantable central venous catheters ("CVCs") are medical devices that are implanted in the chest or near the neck to provide long-term access to major veins to allow for repeated drawing and/or delivery of fluids, medications and/or nutrients. These devices are common in cancer patients who require repeat chemotherapy treatments, as well as in patients with severe autoimmune disorders.

Siskinds LLP and Siskinds’ Québec-based affiliate, Siskinds, Desmeules, are seeking to recover compensation for Canadians who suffered injuries arising from the implantation of certain CVC products.

Products included in Siskinds’ Implantable Central Venous Catheters Class Action Litigation

Siskinds is currently representing Canadians (and estates of Canadians who have passed away) who have suffered related injuries as a result of the use of certain implantable catheter products manufactured by Becton Dickinson (aka “BD”) and/or C.R. Bard (aka “Bard”). These implantable central venous catheters include such  brands as:

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

Siskinds, Desmeules has filed a class action alleging that the implantable central venous catheters contain safety defects in that they are affected by defects in design and/or manufacture and that BD and Bard 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.

Harms linked to implantable central venous catheters

According to various research studies and adverse event reports filed with the FDA and Health Canada, the implantable central venous catheters can suffer mechanical failure or fractures, which may cause serious harms, including:

  • Catheter removal or replacement
  • Infection and/or sepsis
  • Thrombosis (blood clots) and embolism
  • Hemorrhage
  • Heart attack
  • Stroke
  • Death

Our lawyers are here to help

If you or a member of your family has suffered injuries or complications from one of the implantable central venous catheters, our class action team is available to try to assist you in seeking compensation.

Our lawyers will:

  • Review your medical history, and seek to identify the make of your implantable catheter and determine whether you are part of our class action litigation;
  • Gather the necessary information to lead a successful case against the product manufacturers;
  • Leverage our 25+ years of experience and success to try to achieve the best outcome; and
  • Fight for the maximum compensation available for the class.

Are you part of this class action? 

Sign up for updates on this class action today

Click the Join button and complete the form to subscribe to our database and receive all updates and notices regarding this class action.

Still have questions?

Email us at [email protected], or contact us by phone toll free 1.800.461.6166.

Developments

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.

FAQs

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].

Documents

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.

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

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Your information will be maintained and used in accordance with our privacy notice. Completing this form does not create a lawyer-client relationship with Siskinds LLP or Siskinds Desmeules s.e.n.c.r.l. or any of their personnel, nor does it impose any obligations related to the class action or otherwise.

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