Case Summary

1. The law firms Sutts, Strosberg LLP, Lerners LLP, Rochon Genova LLP and Kim.Orr Barristers P.C. are solicitors of record for the plaintiffs in a proposed class action against Medtronic, Inc. and Medtronic of Canada Ltd. (“Medtronic”).

2. The action concerns the design, development, testing, manufacturing, licensing, assembly, distribution, marketing and sale of certain Medtronic implantable cardiac defibrillators and cardiac resynchronization therapy defibrillators.

3. On February 10, 2005, Medtronic provided notice that certain implantable cardiac defibrillators and cardiac resynchronization therapy defibrillators manufactured between April, 2001 and December, 2003 had a potential battery shorting problem which could result in rapid battery depletion. If the battery in a defibrillator shorts out, the device will not function and is not able to deliver the therapy required if the user develops potentially life-threatening arrhythmias. Since the batteries are located within the implanted defibrillator, the device would have to be surgically removed in order to eliminate the defect.

4. There are two proposed classes in this action. The first class is comprised of all persons who were implanted in Canada with the following Medtronic defibrillators manufactured between April, 2001 and December, 2003:

DEVICE FAMILY MODEL NUMBERS
Marquis VR
7230
Marquis DR
7274
Maximo VR
7332
Maximo DR
7278
InSync Marquis
7277
InSync II Marquis
7289
InSync III Marquis
7279
InSync III Protect
7285

The second class is comprised of the family members of the Class members.

5. On December 6, 2007, Madam Justice Hoy certified the action as a class proceeding. Her reasons may be reviewed here. The defendants brought a motion for leave to appeal Justice Hoy's decision before Justice Carnwath, who dismissed the defendants' motion. His reasons may be reviewed here.

6. The parties will soon schedule examinations for discovery.

7. If you have, or you suspect that you have, been implanted with a defibrillator listed at paragraph 4 above, please call Sutts, Strosberg LLP at 800.229.5323, extension 8296.

8. If you would like to know more about how a class action works, click here.

IMPORTANT NOTE

This website has been developed to provide general information to potential class members on a class action that has been commenced against Medtronic, Inc. and Medtronic of Canada Ltd. ("Medtronic").

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Sutts, Strosberg LLP, Lerners LLP, Kim.Orr Barristers P.C. or Rochon Genova LLP. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.