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CNW – Siskinds LLP (London ON), Rochon Genova LLP (Toronto, ON), Siskinds, Desmeules sencrl (Quebec City, QC) and Merchant Law Group (Regina, SK) announced today a Canada-wide settlement reached in two class actions related to certain mesh devices for treatment of Pelvic Organ Prolapse (“POP”) and Stress Urinary Incontinence (“SUI”) manufactured and distributed in Canada by American Medical Systems Canada, Inc., American Medical Systems, Inc., and Endo Pharmaceuticals Inc. (“AMS”). The class actions, which were commenced in 2012, allege various injuries associated with AMS’ women’s pelvic mesh devices.

The proposed settlement applies to all women resident in Canada who were implanted with one or more of these devices and provides for the payment by the defendants of $20,858,488.48, for eligible claims as well as administration costs, legal fees and payments to the provincial health insurers. 

The proposed Settlement is not an admission of liability on the part of the defendants, nor has there been any finding of liability by the Court against them. The defendants deny the allegations made in the lawsuits. 

Class Expanded

As part of the settlement of the action, the Class Definition has been expanded to include women who were implanted with the defendants’ AMS SUI Transvaginal Mesh Devices or AMS POP Transvaginal Mesh Devices on or after May 29, 2015 and Additional AMS SUI and POP Mesh Devices. A copy of the amendment orders, the amended class definition, and the list of applicable devices are available at www.amsmeshclassactions.ca.

If you were implanted with an AMS SUI Transvaginal Mesh Device or an AMS POP Transvaginal Mesh Device prior to May 29, 2015, and did not opt out of the action prior to July 28, 2015 you may not opt out now, even if you have one of the Additional AMS SUI and POP Mesh Devices.

If you were first implanted with an AMS SUI Transvaginal Mesh Device or an AMS POP Transvaginal Mesh Device on or after May 29, 2015 or were implanted only with an Additional SUI and POP Mesh Device, however, you may “opt out”. Opting out means that you will not be entitled to any compensation if the settlement is approved, but you will be able to commence your own lawsuit or continue any lawsuit you already have brought. 

If you would like to opt out, you must do so no later than September 11, 2019. More information about how to opt out is available online at www.amsmeshclassactions.ca or by requesting it from Class Counsel. For English-language assistance, contact Class Counsel at 1-800-461-6166 x2367 or, for assistance in French, 1-800-461-6166 x2409.

Court Approval Required

The proposed settlement requires the approval of the Ontario Superior Court of Justice and a hearing has been scheduled to proceed on October 4, 2019 at 10:00 a.m. at Osgoode Hall in Toronto. At the same time, the Court will be asked to approve the Compensation Protocol, which sets out how Class Members will be compensated, and Class Counsel’s fees and disbursements.

Class Members may object to the settlement, the compensation protocol and/or Class Counsel fees by email to Siskinds LLP at [email protected] by no later than September 11, 2019.

Further information relating to the proposed settlement, including the long form notice, Compensation Protocol and the Settlement Agreement and related exhibits, is available at www.amsmeshclassactions.ca

The law firms of Siskinds LLP, Siskinds Desmeules sencrl, Rochon Genova LLP and Merchant Law Group represent the Class Members and may be contacted as follows:

Siskinds LLP

Elizabeth deBoer
519-672-2251 ext. 2367 

Siskinds, Desmeules sencrl 

Erika Provencher

Rochon Genova LLP  

Joel P. Rochon

Merchant Law Group

Evatt Merchant