COOK IVC – Update: April 2, 2024:
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 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 included 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.
We are pleased to advise that the Plaintiffs and the Defendants have now 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 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 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.
The Court will hold a hearing to consider the approval of the Settlement Agreement, Class Counsel fees, and other related matters on May 17, 2024.
Please refer to the Notice of Settlement Approval Hearing for further information, including how to make an objection to the Settlement (deadline May 3, 2024).
Long-Form Notice
Short-Form Notice
Compensation Protocol
CORDIS IVC – Update: June 21, 2022:
A proposed class action was commenced in Ontario alleging Cordis 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. Cordis denies these allegations.
The parties have reached an agreement to discontinue the above-noted class action. The discontinuance was approved by the Ontario Superior Court of Justice. This discontinuance relates to the Cordis IVC Filters Class Action only. It does not relate to claims against other manufactures.
If you received a Cordis IVC Filter and wish to pursue legal action, you may still be able to do so by way of an individual action, by contacting a personal injury lawyer in your area.
Click here to view a copy of the Order & Discontinuance Notice
UPDATE: December 16, 2020
On January 8, 2020, the Ontario Court of Appeal certified this proceeding to move forward as a class action on behalf of all residents of Canada who were implanted with an IVC filter product, namely: the Cook Gunther Tulip Vena Cava Filter Set, the Cook Celect Vena Cava Filter Set, and the Cook Celect Platinum Vena Cava Filter Set, at any time on or before January 8, 2020.
Class Members who want to participate in the class action are automatically included and need not do anything at this time. The Class Proceedings Act provides that no Class Member, other than the representative class member, will incur liability for legal costs if the action is dismissed. Each Class Member who does not opt out of the class action will be bound by the terms of any judgment or settlement and will not be allowed to pursue or continue an independent action with respect to these issues. If the class action is successful, Class Members may be entitled to share in the amount of any award or settlement recovered.
Here is the link to the Notice of Certification (French) of the class action.
Here is the link to the Notice of Certification (English) of the class action.
BARD IVC – UPDATE: June 12, 2020
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. We can provide you with further information regarding your options. If you were implanted with an IVC Filter, we encourage you to contact us: noble@mckenzielake.com or 1-800-261-4844 ext. 7343
Inferior Vena Cava (IVC) Filters are devices used to prevent blood clots from traveling to the lungs. A class action was commenced alleging that manufacturers developed and marketed retrievable IVC Filters which are unreasonably dangerous. Pieces of the IVC Filter can break off and migrate resulting in punctured organs or other life threatening conditions.
McKenzie Lake Lawyers is representing individuals who received certain models of IVC Filters manufactured by Cook, Bard, and Cordis.
On October 31, 2018, the Court denied certification of the class action with respect to certain models of Cook IVC Filters. Click here to see a copy of that decision. On January 8, 2020, the Divisional Court ruled that the proceedings could go forward as a class action with respect to the alleged deficiencies in the duty to warn. Click here for a copy of that decision.
View a copy of the Press Release here.
Contact Us
If you developed any complications after receiving an IVC Filter, please contact us directly by email or by phone at 1-844-672-5666 for further information. If corresponding by email, be sure to include your name, your telephone number and a brief message.
