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:
|InSync II Marquis
|InSync III Marquis
|InSync III Protect
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.