IVC Filters Class Action
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.
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: firstname.lastname@example.org 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.
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.