Guidant Pacemakers Class Action

Kim Orr is the court-appointed co-lead counsel prosecuting a class action against Guidant Corporation, Guidant Canada Corporation, Guidant Sales Corporation and Cardiac Pacemakers Inc. (collectively, "Guidant") seeking damages of $525,000,000 for the negligent design, development, marketing and sale of defective pacemakers.

A pacemaker is a small, implanted electronic device that serves several functions, including the prevention of abnormal heart rhythms, suppression of tachyarrythmias and vasomotor syncopal symptoms and ongoing monitoring of the heart rhythm.

The Plaintiffs allege that the Guidant Pacemakers are potentially defective and that Guidant knew about the defects in the Pacemakers for a number of years, yet continued to market the Pacemakers. The Claim also alleges that Guidant failed to disclose the defects to patients, health care providers and the regulatory authorities, including the FDA and Health Canada, thereby placing the health and well being of the class members in serious danger.

The Claim seeks damages on behalf of all persons in Canada who have been implanted with a potentially defective Pacemaker. The Pacemakers at issue in the class action are:

Commencing in the spring and summer of 2005, Guidant began issuing letters to patients and health care providers in relation to the potentially defective Pacemakers. If you have received one of these letters from Guidant or if you have received one of the Pacemakers listed above, please contact your doctor to discuss appropriate medical treatment.

In January and February 2009, Kim Orr argued a motion to certify the action as a class action. On May 9, 2009, Justice Cullity released reasons certifying the case as a class action on behalf of 28,443 class members. A copy of the certification reasons is available here. The Defendants were denied leave to appeal that decision on October 20, 2009.

Click here to view a copy of the Certification press release, dated May 12, 2009.

Please click here to view the court-approved notice to class members in English. Please click here to view the notice in French. Please note that the deadline for Class Members to opt out of the action has now passed.

To view a list of frequently asked questions and answers, please click here.

On Thursday, February 25, 2010, the U.S. Department of Justice filed charges against Boston Scientific Corporation's Guidant division, stating that it failed to fully disclose problems with its devices to regulators. Click here to view a copy of the U.S. DoJ press release. In April 2010, Guidant LLC pleaded guilty to two counts. On January 12, 2011, U.S. District Judge Donovan Frank ordered Boston Scientific Corp.'s Guidant unit to pay $296 million in fines and forfeiture fees and to serve three years of probation. Click here to view an article summarizing the Guidant plea deal.

UPDATE:

The Defendants served their Statement of Defence in spring 2011. The parties are currently engaged in the documentary production process. Based on representations made by the Defendants during the certification motion, it is expected that the documentary production will be voluminous.

For more information on this class action, please contact Megan McPhee at mbm@kimorr.ca