Medtronic Defibrillator Class Action

Kim Orr is the court-appointed co-lead counsel prosecuting a class action against Medtronic Inc. and Medtronic of Canada Ltd. (collectively, Medtronic) seeking $500 million in damages and other relief for the class as a result of the alleged negligence and other wrongful acts of Medtronic in respect of their design, manufacture, marketing and sale of the defibrillators identified below in Canada.

Specifically, it is alleged that the Defibrillators are defective in that they may experience rapid battery depletion due to a specific battery short mechanism that can result in a complete loss of device function. The plaintiffs also allege that the defendants failed to timely disclose the defects to Class Members, doctors and regulatory authorities.

On December 6, 2007, the Court certified the Canadian Medtronic Defibrillator Class Action as a class proceeding on behalf of the following class of persons (the "Implant Class"):

All persons implanted in Canada with one of the Defibrillators listed below containing the Chi 4420L battery bearing part number 411310-006 produced prior to December 31, 2003:

(collectively, the "Defibrillators")

A class consisting of family members of the Implant Class was also certified.

A copy of the Court's decision with respect to certification may be obtained by clicking here.

A copy of the Court-approved Notice of Certification may be obtained by clicking here.

If you are a member of the class of persons described above, you will automatically be included in the class action and are not required to take any further steps at this time. If you do not wish to participate in the class action, you may opt out by following the process described in the Notice of Certification. Please note that the deadline to opt out of the Canadian Medtronic Defibrillator Class Action is January 6, 2009.

Additional information regarding the Canadian Medtronic Defibrillator Class Action will be posted on this page as the case progresses.

Patients should contact their physicians for medical advice.

For more information about this class action please contact Aris Gyamfi at ag@kimorr.ca.