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Siskinds LLP has launched class action lawsuits against Covidien and J&J, manufacturers of surgical staplers, on behalf of Canadians who have suffered serious injuries and complications arising from the use of their products.

Surgical staplers are used internally during surgeries such as bowel resections, bariatric surgery, and thoracic surgery to anastomize or join tissues together. When a surgical stapler malfunctions it can lead to an incomplete staple line, as well as injury to adjacent organs. Failure to complete a staple line appropriately may result in serious injuries including bleeding, leakage, sepsis, further surgery, and possibly death.

The class actions allege that the staplers are defective and the manufacturers failed to adequately warn individuals that the use of certain surgical staplers increase the risk of serious injuries and complications.

Suffering from a potential surgical stapler injury?

Surgical Staplers – Class Action Background Information

Surgical staplers are medical devices often used to close wounds during surgery both internally and externally. Surgical staplers are commonly used for gastrointestinal surgeries including bowel resections, colorectal cancer surgeries, and bariatric surgeries as well as for other conditions. When a surgical stapler malfunctions during use in an internal surgery, there may be significant consequences including serious injuries or death.

It is alleged that the surgical stapler products included in these class actions have high failure and complication rates, which result in serious and irreversible injuries. These injuries include anastomotic leak, fistula, sepsis, multi-organ system failure, bleeding, the need for additional surgeries, a decrease in the quality of life, ongoing discomfort and pain, and potentially even death.

Siskinds commenced these surgical stapler class actions in response to the injuries and complications suffered by Canadians.

Surgical staplers used externally for skin or wound closure are not included in these actions.

Products included in Siskinds’ Surgical Stapler Class Actions

Siskinds is currently representing individuals who have suffered related injuries as a result of the use of the following manufacturers of internal surgical staplers:

  • Ethicon/Johnson & Johnson
  • Medtronic/Covidien
    • Please click here for a list of specific models of Surgical Staplers

Symptoms of Surgical Stapler Complications

Surgical stapler malfunctions include:

  • Failure to fire necessary staples resulting in an incomplete staple line, which may fail to properly close the wound/incision and result in bleeding or leakage from that opening
  • Failure to properly “close” the staple and/or firing a malformed staple, which may fail to properly close the wound/incision as noted above, as well it may cause injury to nearby organs or tissues, or act as a site for infection
  • Firing a staple into adjacent organs or tissues

Complications following a surgery or procedure with a surgical stapler may be severe and life threatening, including:

  • Anastomotic Leak (spillage of contents where wound was not properly closed)
  • Infection
  • Fistulas
  • Sepsis
  • Multi organ system failure
  • Severe bleeding
  • Need for a permanent ostomy bag
  • Organ and tissue damage
  • Additional surgeries
  • Additional closures (anastomoses)
  • Death

Our lawyers are here to help

If you or a member of your family has suffered injuries or complications from a procedure involving the usage of an internal surgical stapler, our class action lawyers will seek the compensation you deserve.

Our lawyers will:

  • Review your medical history, identifying the manufacturer of your surgical stapler and determine whether you are part of one of our class actions
  • Gather the necessary information to lead a successful case against the product manufacturers
  • Leverage our 20+ years of experience and success to achieve the best outcome in your case
  • Fight for the maximum compensation available for the class

Join the action today

Fill out the form below to join the action and receive updates on this case. Our lawyers will be in touch.

Need more information?

Contact Siskinds LLP to learn which surgical stapler was used in your procedure and determine if you are part of one of our class actions. Please email [email protected] or call us told-free at 1-800-461-6166.

Developments

The Surgical Staplers Actions are in their early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the actions should properly proceed as a class action.

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 the Surgical Stapler class actions?

You are affected by the class action and are a “class member” if you have suffered related injuries as a result of the use of the following manufacturers of internal surgical staplers:

  • Ethicon/Johnson & Johnson
  • Medtronic/Covidien
    • Please click here for a list of specific models of Surgical Staplers

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person who suffered related injuries as a result of a surgical stapler)

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order for us to contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below or call 1-800-461-6166.

The Surgical Staplers Actions are in their early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the actions should properly proceed as a class action.

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 the Surgical Stapler class actions?

You are affected by the class action and are a “class member” if you have suffered related injuries as a result of the use of the following manufacturers of internal surgical staplers:

  • Ethicon/Johnson & Johnson
  • Medtronic/Covidien
    • Please click here for a list of specific models of Surgical Staplers

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person who suffered related injuries as a result of a surgical stapler)

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order for us to contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below or call 1-800-461-6166.

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