TORONTO, Sept. 7 -LAWFUEL – The Law News Network – A class action lawsuit seeking approximately $500 million in damages has been commenced against Medtronic, Inc. and Medtronic of Canada Ltd. (“Medtronic”), a global manufacturer of
On February 10, 2005, Medtronic acknowledged that a potential battery
shorting problem may result in rapid battery depletion in certain of its
implantable cardiac defibrillators (“ICDs”) and cardiac resynchronization
therapy defibrillators (CRT-Ds). If the battery in the ICD or CRT-D shorts
out, the device loses function and cannot deliver the therapy required if the
user develops potentially life-threatening arrhythmias. To replace the
battery, the device must be surgically removed. Only ICDs and CRT-Ds
manufactured between April 2001 and December 2003 are affected. To date,
13,000 people worldwide have had the devices surgically removed.
ICDs are implantable devices that treat rapid, life-threatening heart
rhythm disturbances originating in the lower chambers of the heart that can
lead to sudden cardiac arrest. CRT-Ds are implantable devices used to treat
heart failure and life-threatening heart rhythm disturbances.
The plaintiffs allege that Medtronic implemented battery design changes
in December 2003 that corrected the problem, but continued to market and sell
existing inventory of ICDs and CRT-Ds and failed to disclose the problem to
medical professionals, patients and the regulatory authorities until
Brian Foote of Windsor, Ontario, Rhonda Lynn Lo Monaco of London, Ontario
and Francine Norovzi of Toronto, Ontario commenced the lawsuit on behalf of
all persons implanted in Canada with one of the affected Medtronic devices
that may be subject to the battery shorting problem.
The plaintiffs are represented by Harvey T. Strosberg, Q.C. of Sutts,
Strosberg LLP, a Windsor, ON law firm and Joel Rochon of Rochon Genova LLP, a
Toronto, ON law firm. Both law firms specialize in class action lawsuits.
The notice of action which sets out the particulars of the allegations in
the action, may be reviewed at http://www.medtronic-classaction.com.
Harvey T. Strosberg is one of Canada’s leading counsel in class action
lawsuits. He was one of the lead counsel in the Hepatitis-C class action
against the federal government that resulted in a settlement of $1.1 billion –
the largest in Canada’s history. He was one of the lead negotiators of a
groundbreaking settlement for compensation from the Ontario government for
Walkerton residents as a result of the E coli contaminated water problem in
May 2000. He has settled other high profile class actions including YBM Magnex
and is currently prosecuting other large class actions, such as Bre-X Minerals
and Manulife Financial.
Mr. Strosberg said: “There is simply no excuse for Medtronic to allow the
class members to be implanted with devices it knew had a potentially
life-threatening defect. Medtronic must be held accountable for its conduct.”
Joel P. Rochon is a partner of the law firm Rochon Genova LLP, a leading
class action firm dedicated to providing access to justice for Canadians. Mr.
Rochon has taken a leadership role in several well known national class
actions, including those involving diet drugs, Baycol, Nortel securities and
fire safe cigarettes against big tobacco.
Mr. Rochon stated: “It is regrettable that devices intended to assist
people have precipitated unnecessary surgery and distress amongst patients
implanted with the affected defibrillators.”
Sutts, Strosberg LLP and Rochon Genova LLP have also commenced class
actions involving defective defibrillators manufactured by Guidant and have
agreed to work as co-counsel in that litigation. For information on the
Guidant class actions please contact Sutts, Strosberg LLP and Rochon Genova
LLP at the contact information noted above or by visiting