Heart Implant litigation

December 2, 2009

On December 2, 2009, Mr. Justice Sigurdson of the British Columbia Supreme Court approved the Amended Settlement Agreement.  To see his Reasons for Judgment, click here.

To see the Amended Settlement Agreement, click here.

To see the Notice, click here. 

To obtain a Claim Form, click here. 

PLEASE NOTE:  The last day on which a claim may be made is June 30, 2010.  Completed claim forms must be received in our office on or before 4:00 p.m. on that date.

August 10, 2009

Poyner Baxter will be making an application in the British Columbia Supreme Court on September 30, 2009 for certification of this action as a class proceeding and for approval of a settlement that has been reached in this class action. 

Should the Court certify the action and approve the Settlement Agreement, subject to certain opt-out rights, this settlement will be binding on all class members resident in British Columbia who have not opted out of the proceeding.  To read the Settlement Agreement, please click here.

A Notice has been sent to those people who live in British Columbia who were identified as having been implanted in British Columbia or elsewhere with a Silzone Product. To read the Notice, please click here.

A prior application for settlement approval was made in October 2008.  Approval of that settlement was dismissed by the Court in January 2009.  To view the Court’s Reasons for Judgment, please click here. The application scheduled on September 30, 2009 is for approval of a revised settlement that adds compensation for psychological injuries to the compensation provided in the previous settlement.

Class members who do not oppose the proposed settlement need not appear at the settlement approval hearings or take any other action at this time.

You may obtain further information about the application and the settlement from Poyner Baxter LLP, 408 –145 Chadwick Court, North Vancouver, B.C.  V7M 3K1, Telephone: 604-988-6321, Facsimile: 604-988-3632, Email: info@poynerbaxter.com or you may appear at the Court application on September 30, 2009.

To contact Poyner Baxter, please email to info@poynerbaxter.com.

History of the action

On July 25, 2001, Poyner Baxter filed an action on behalf of all persons who have mechanical heart valves, with sewing cuffs coated with a substance named Silzone, manufactured by St. Jude Medical.

This action concerns the defendants’ negligent conduct in the areas of pre-market research and development, design, testing, manufacture, release of the device into the marketplace, post-market monitoring, recall, and warning to regulators, health care professionals and the public.

The Statement of Claim was amended on May 17, 2007. For more information, click here to read the Amended Statement of Claim.

On December 20, 2007, a proposed settlement was reached between the parties in the Heart Implant Class Action. In order for the settlement to become effective, the Supreme Court of British Columbia needed to certify the action and approve the proposed settlement at a hearing. The hearing was held in October 2008. Approval of that settlement was dismissed by the Court in January 2009.  To view the Court’s Reasons for Judgment, please click here.

To view the notice that was published in the Vancouver Sun on February 21, 2008, please click here.

To view the original proposed settlement, please click here.

April 28, 2010

To view details of the application to the court regarding legal fees, disbursements and taxes, click here.

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