IVC Filters Class Action
Koskie Minsky LLP, McKenzie Lake Lawyers and Siskinds LLP are class counsel in a class proceeding against Cook Medical Inc. and Cook Group Inc. on behalf of people who have been implanted with IVC filters and who suffered related injuries.
An IVC filter is a medical device that is placed in the inferior vena cava (“IVC”) intended to trap blood clots from passing into the lungs.
The lawsuit alleges that the defendants failed to properly warn consumers about the risks related to the IVC filters, and that the defendants were negligent in the licensing, labeling, warning, marketing, distribution and sale of the IVC filters.
The lawsuit alleges that the IVC filters can causes serious injuries, conditions and complications including but not limited to:
a) Potential device migration
b) Potential device perforation
c) Potential device fracture
d) Potential device embolization
e) Potential inability to retrieve the device
The action has now been certified by the Court. Please see the attached Notice of Certification for further details.
If you or someone you know was implanted with a Cook IVC filter and thinks they might be affected, please call 1-800-764-7717 or email ivcfiltersclassaction@kmlaw.ca.
-
Latest Developments
-
December 11, 2020
On November 3, 2020, the Court issued an Order for the amendment of the Statement of Claim. Click here for a copy of the Fresh as Amended Statement of Claim.
-
December 11, 2020
On November 3, 2020, the Court issued an Order providing for Notice of Certification. Click here for a copy of the Notice, and for details regarding how to opt out prior to the deadline of March 16, 2021.
-
January 8, 2020
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.
-
November 6, 2018
The court declined to certify this case as a class action, the reasons can be read here. The plaintiffs have a right of appeal from the decision to not certify.
-
December 11, 2020
-
Documents
- December 11, 2020 Notice of Certification - English
- December 11, 2020 Notice of Certification - French
- November 5, 2020 Fresh as Amended Statement of Claim
- November 3, 2020 Order (Certification Order)
- January 8, 2020 Reasons for Decision
- January 8, 2020 Order
- September 10, 2018 Issued Statement of Claim dated January 27, 2016 filed by McKenzie Lake
- September 10, 2018 Statement of Claim in Kuper v. Cook February 22, 2016 filed by Siskinds LLP
-
FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
-
Contacts
Tollfree: 1-800-764-7717
