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A settlement has been approved in the Cook IVC Filter Class Action

*** THE CLAIM PERIOD IS CURRENTLY IN PROGRESS ***

File your claim on or before November 11, 2024, at www.ivcsettlement.ca

A Canada-wide settlement in relation to Cook IVC Filter products has been approved.

The Settlement Agreement provides a claims-made settlement of up to $54,000 CAD for each Qualifying Fracture Claimant, $81,000 CAD for each Qualifying Death Claimant, and $169,500 CAD for each Qualifying Open Surgery Claimant, with a pro rata reduction of in 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.

Eligible class members must complete and submit a Claim Form (including the necessary supporting evidence detailed in the Compensation Protocol) to the Claims Administrator before November 11, 2024.

Please refer to the Notice of Settlement Approval for further information, which can be viewed here (EN) / (FR). Additional information can also be found on the website at www.ivcsettlement.ca.

IVC (inferior vena cava) Filters are small metal medical devices designed to trap blood clots passing through the IVC. The IVC is a large vein that returns blood from the lower body to the heart. IVC Filters are implanted in persons at risk of developing blood clots, often after a major surgery. Most IVC Filters are intended to be retrievable, meaning a physician will remove the device after the risk of developing blood clots has subsided. However, IVC filters may cause serious injuries.

IVC Filters May Cause Serious Injuries

According to various research studies and reports made to the FDA, IVC Filters may cause serious side effects and injuries, including:

  • Death

  • Migration of the filter to another area of the body

  • Perforation of the inferior vena cava or another vein or organ

  • Fracture of the filter (the struts of the filter may break loose, travel in the bloodstream and become lodged in another vein or organ)

  • Embolization of the filter (movement of the entire filter or filter fragments to the heart or lungs)

  • Tilting of the filter

  • Difficulty or inability to remove the filter

Siskinds, Desmeules, the Quebec firm affiliated with Siskinds filed similar class actions in Quebec against two manufacturers of IVC filters: Cook Medical and Bard.

Are You Part of the IVC Filter Class Action?

Email Us Today

If you were implanted with an IVC Filter, we encourage you to join Siskinds LLP’s IVC Filter Class Action. Please email [email protected] or call us toll-free, at 1.800.461.6166.

Watch NBC News’ investigative report on the serious risks of IVC Filters here.

Developments

Bard IVC Filters class action

A proposed class action was commenced in Ontario alleging that Bard retrievable IVC Filters, designed to trap blood clots passing through the IVC (a large vein that returns blood from the lower body to the heart), were negligently designed, manufactured, and distributed, resulting in increased complications as compared to other treatment options. Bard denies these allegations.

The parties have reached an agreement to discontinue the Ontario class action. The discontinuance was approved by the Ontario Superior Court of Justice. The discontinuance relates to the Bard IVC Filters class action only. It does not relate to claims against other manufacturers.

If you received a Bard IVC Filter and wish to pursue legal action, you may still be able to do so either through currently pending class actions in Saskatchewan and British Columbia or by way of an individual action. Siskinds can provide you with further information regarding your options. If you were implanted with an IVC Filter, we encourage you to email [email protected] or call us toll-free, at 1.800.461.6166.

Class actions stayed in Quebec

The action against Bard was stayed on February 3, 2017 and the action against Cook Medical was stayed on December 20, 2017. With the discontinuance of the Bard class action in Ontario, a discontinuance was also sought in the Bard class action in Quebec. By a decision dated January 19, 2021, the Québec Superior Court elected to grant a further stay of the Québec action, pending the decision on the certification motions of parallel class action proceedings actively litigated in Saskatchewan and British Columbia. A copy of the Québec stay notice can be found here.

Cook IVC Filters class action

A proposed class action was commenced in Ontario in 2016 about retrievable IVC filters manufactured by Cook (Canada) Inc., Cook Medical LLC, Cook Medical Incorporated Cook Incorporated, Cook Group, Inc. and William Cook Europe APS.

The Ontario Superior Court of Justice initially denied certification of the Cook IVC Filters class action on October 31, 2018. The plaintiffs appealed, and that the Divisional Court of Ontario partially allowed the appeal on January 8, 2020 and certified the class action with respect to claims of an alleged breach of the duty to warn learned intermediaries (the doctors who recommended the products) of the dangers of the filters.

Cook sought leave to appeal the decision of the Divisional Court. On July 9, 2020, the Court of Appeal dismissed Cook’s motion for leave.

The Ontario Superior Court of Justice approved the Notice of Certification of the Cook IVC Filters class action on November 3, 2020. A copy of the long-form notice is available here and includes instructions for opting out of the action and information about the deadline to opt out. It is important that you read the notice carefully, as it may affect your legal rights.

The Plaintiffs and the Defendants have executed a Settlement Agreement providing for the settlement of the Action. The Settlement Agreement provides a claims-made settlement of up to $54,000 CAD for each Qualifying Fracture Claimant, $81,000 CAD for each Qualifying Death Claimant, and $169,500 CAD for each Qualifying Open Surgery Claimant, with a pro rata reduction of in 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.

On May 17, 2024, the Ontario Superior Court of Justice approved the proposed settlement, a copy of the Order is available here.

Eligible class members must complete and submit a Claim Form (including the necessary supporting evidence in the Compensation Protocol) to the Claims Administrator before November 11, 2024.

Please refer to the Notice of Settlement Approval for further information, which can be viewed here. Additional information can also be found on the claims administrator website at www.ivcsettlement.ca.

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.

How do I participate in the Cook IVC Filters class action settlement?

Class Members are permitted to file their own claims to the Canadian Cook IVC Filter Products National Class Action Settlement, or they can retain a lawyer to do so on their behalf.

Class Members who retain lawyers to assist them in making individual claims for compensation pursuant to the Canadian Cook IVC Filter Products National Class Action Settlement are responsible for the legal fees and expenses of such lawyers.

For all details on how to file a claim, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

If you are interest in retaining a lawyer and want to have Siskinds evaluate your potential claim, please complete the Get in Touch form below, call us toll free at 1.800.461.6166 or email us at [email protected].

Who is affected by the Cook IVC Filters class action settlement?

You are affected by the class action and are a “class member” if you are or were a resident of Canada who was implanted with a Cook IVC Filter Product at any time on or before January 8, 2020.

“Cook IVC Filter Products” include the Celect Vena Cava Filter, Celect Platinum Vena Cava Filter, and Günther Tulip Vena Cava Filter.

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the spouse, child, parent, sibling, etc. of the person implanted with the IVC Filter.)

For all details on class member eligibility, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

What should I do to protect my rights?

To protect your rights, you should:

  • File a claim to the settlement on your own before the deadline of November 11, 2024; or
  • If you are looking to retain a lawyer to assist you in filing a claim, contact a law firm as soon as possible. Law firms may require a significant amount of time to assist you in preparing your claim if they are able to represent you.

For more information on the Settlement, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

If you are interest in retaining a lawyer and want to have Siskinds evaluate your potential claim, please complete the Get in Touch form below, call us toll free at 1.800.461.6166 or email us at [email protected].

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1.800.461.6166 or email us at [email protected].

For French enquiries, please contact our Quebec affiliated firm Siskinds, Desmeules by phone at 418.694.2009 or the toll free number 1.877.735.3842 or by email at recours@siskinds.com

Documents

Bard IVC Filters class action

A proposed class action was commenced in Ontario alleging that Bard retrievable IVC Filters, designed to trap blood clots passing through the IVC (a large vein that returns blood from the lower body to the heart), were negligently designed, manufactured, and distributed, resulting in increased complications as compared to other treatment options. Bard denies these allegations.

The parties have reached an agreement to discontinue the Ontario class action. The discontinuance was approved by the Ontario Superior Court of Justice. The discontinuance relates to the Bard IVC Filters class action only. It does not relate to claims against other manufacturers.

If you received a Bard IVC Filter and wish to pursue legal action, you may still be able to do so either through currently pending class actions in Saskatchewan and British Columbia or by way of an individual action. Siskinds can provide you with further information regarding your options. If you were implanted with an IVC Filter, we encourage you to email [email protected] or call us toll-free, at 1.800.461.6166.

Class actions stayed in Quebec

The action against Bard was stayed on February 3, 2017 and the action against Cook Medical was stayed on December 20, 2017. With the discontinuance of the Bard class action in Ontario, a discontinuance was also sought in the Bard class action in Quebec. By a decision dated January 19, 2021, the Québec Superior Court elected to grant a further stay of the Québec action, pending the decision on the certification motions of parallel class action proceedings actively litigated in Saskatchewan and British Columbia. A copy of the Québec stay notice can be found here.

Cook IVC Filters class action

A proposed class action was commenced in Ontario in 2016 about retrievable IVC filters manufactured by Cook (Canada) Inc., Cook Medical LLC, Cook Medical Incorporated Cook Incorporated, Cook Group, Inc. and William Cook Europe APS.

The Ontario Superior Court of Justice initially denied certification of the Cook IVC Filters class action on October 31, 2018. The plaintiffs appealed, and that the Divisional Court of Ontario partially allowed the appeal on January 8, 2020 and certified the class action with respect to claims of an alleged breach of the duty to warn learned intermediaries (the doctors who recommended the products) of the dangers of the filters.

Cook sought leave to appeal the decision of the Divisional Court. On July 9, 2020, the Court of Appeal dismissed Cook’s motion for leave.

The Ontario Superior Court of Justice approved the Notice of Certification of the Cook IVC Filters class action on November 3, 2020. A copy of the long-form notice is available here and includes instructions for opting out of the action and information about the deadline to opt out. It is important that you read the notice carefully, as it may affect your legal rights.

The Plaintiffs and the Defendants have executed a Settlement Agreement providing for the settlement of the Action. The Settlement Agreement provides a claims-made settlement of up to $54,000 CAD for each Qualifying Fracture Claimant, $81,000 CAD for each Qualifying Death Claimant, and $169,500 CAD for each Qualifying Open Surgery Claimant, with a pro rata reduction of in 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.

On May 17, 2024, the Ontario Superior Court of Justice approved the proposed settlement, a copy of the Order is available here.

Eligible class members must complete and submit a Claim Form (including the necessary supporting evidence in the Compensation Protocol) to the Claims Administrator before November 11, 2024.

Please refer to the Notice of Settlement Approval for further information, which can be viewed here. Additional information can also be found on the claims administrator website at www.ivcsettlement.ca.

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.

How do I participate in the Cook IVC Filters class action settlement?

Class Members are permitted to file their own claims to the Canadian Cook IVC Filter Products National Class Action Settlement, or they can retain a lawyer to do so on their behalf.

Class Members who retain lawyers to assist them in making individual claims for compensation pursuant to the Canadian Cook IVC Filter Products National Class Action Settlement are responsible for the legal fees and expenses of such lawyers.

For all details on how to file a claim, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

If you are interest in retaining a lawyer and want to have Siskinds evaluate your potential claim, please complete the Get in Touch form below, call us toll free at 1.800.461.6166 or email us at [email protected].

Who is affected by the Cook IVC Filters class action settlement?

You are affected by the class action and are a “class member” if you are or were a resident of Canada who was implanted with a Cook IVC Filter Product at any time on or before January 8, 2020.

“Cook IVC Filter Products” include the Celect Vena Cava Filter, Celect Platinum Vena Cava Filter, and Günther Tulip Vena Cava Filter.

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the spouse, child, parent, sibling, etc. of the person implanted with the IVC Filter.)

For all details on class member eligibility, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

What should I do to protect my rights?

To protect your rights, you should:

  • File a claim to the settlement on your own before the deadline of November 11, 2024; or
  • If you are looking to retain a lawyer to assist you in filing a claim, contact a law firm as soon as possible. Law firms may require a significant amount of time to assist you in preparing your claim if they are able to represent you.

For more information on the Settlement, visit the Canadian Cook IVC Filters Class Action Settlement website at: www.ivcsettlement.ca

If you are interest in retaining a lawyer and want to have Siskinds evaluate your potential claim, please complete the Get in Touch form below, call us toll free at 1.800.461.6166 or email us at [email protected].

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1.800.461.6166 or email us at [email protected].

For French enquiries, please contact our Quebec affiliated firm Siskinds, Desmeules by phone at 418.694.2009 or the toll free number 1.877.735.3842 or by email at recours@siskinds.com

Contact Us

Join to stay informed about the progress of this class action.

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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