Approval of Settlement of Canadian Cook IVC Filter Class Action

LONDON, ON, July 5, 2024 /CNW/ – Siskinds LLP, Siskinds, Desmeules s.e.n.c.r.l., McKenzie Lake Lawyers LLP, Merchant Law Group LLP, and Koskie Minsky LLP announced today court approval of a Canada-wide settlement reached in a class action related to certain inferior vena cava filter products (“IVC Filter Products”) marketed and sold by Cook (Canada) Inc., Cook Incorporated, and William Cook Europe APS (“Cook”).

IVC filters are devices designed to filter blood clots which may otherwise travel to the heart and/or lungs. Optionally retrievable IVC filters are a type of filter that may be removed if medically advisable to do so after a patient is no longer at risk of a pulmonary embolism.

The class action alleges that Cook marketed and sold IVC Filter Products without properly warning of the alleged increased risks of complications and injuries. Cook denies the allegations and all liability whatsoever, and the Court did not come to a decision as to who was right.

The settlement applies to every person who is or was a resident of Canada who was implanted with a Cook IVC Filter Product at any time on or before January 8, 2020, which was manufactured, marketed and/or sold or otherwise placed into the stream of commerce in Canada by Cook, and their family members. For greater certainty, the residency requirement for class membership relates to the time of the placement of the Cook IVC Filter Product. Primary Class Members must have had a Cook IVC Filter Product placed in Canada but are not required to reside in Canada at present.

Under the Settlement, Cook will provide 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 in 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 for Class Counsel 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 final value of the compensation will not be determined until the end of the claim period.

The settlement was approved by the Ontario Superior Court of Justice on May 17, 2024. The Court also approved the Compensation Protocol, which governs which class members are eligible for compensation and in what amount.

Class Members Can Now Submit Claims

Class members can now submit claims for compensation which will be adjudicated by the Claims Administrator pursuant to the eligibility terms of the Compensation Protocol. To make a claim for compensation under the settlement agreement, you must complete and submit a claim form (including the necessary supporting evidence detailed in the Compensation Protocol) to the Claims Administrator before November 11, 2024. If you do NOT submit your claim form on time, you will not be eligible for any benefits under the settlement agreement.

Filing a claim is complex and requires medical records which will take time to retrieve. As a result, you may wish to retain a lawyer to assist you. You can retain Class Counsel or a lawyer of your choice.

For information about the eligibility criteria, compensation levels, and how to make a claim, you should review the long-form Notice, the Compensation Protocol and the Settlement Agreement and related documents at www.ivcsettlement.ca, or contact the Claims Administrator as follows:

RicePoint Administration Inc.
CO9 Settlement
P.O. Box 3355
London, Ontario N6A 4K3
Telephone (toll-free): 1-877-257-8346

The law firms of Siskinds LLP, Siskinds, Desmeules s.e.n.c.r.l., McKenzie Lake Lawyers LLP, Merchant Law Group LLP, and Koskie Minsky LLP represent Class Members and may be contacted as follows:

SOURCE Siskinds LLP, McKenzie Lake Lawyers LLP, Merchant Law Group LLP, Koskie Minsky LLP, and Siskinds Desmeules, Avocats