September 20th, 2020

// Approval of Settlement of Canadian Boston Scientific Transvaginal Mesh Litigation

Approval of Settlement of Canadian Boston Scientific Transvaginal Mesh Litigation

TORONTO, Sept. 19, 2020 /CNW/ – Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. announced today court approval of a Canada-wide settlement reached in a class action related to certain women’s transvaginal mesh devices for treatment of Pelvic Organ Prolapse (“POP”) and Stress Urinary Incontinence (“SUI”) manufactured and distributed by Boston Scientific Ltd. and Boston Scientific Corporation (“BSC”). 

The settlement applies to all Canadian women who have been implanted with one or more of these device(s) at any time on or before February 28, 2020 and provides for the payment by the defendants of $21,500,000.00 (Canadian dollars) for eligible claims, administration costs, health care expenses incurred by Provincial Health Insurers and legal fees. 

“We are proud of this settlement on behalf of Canadian women who have received pelvic mesh implants,” said Jill McCartney of Siskinds. “We are pleased to be able to finally resolve the claims of the class members.”

The class action, which was commenced in 2012 against BSC, alleged various injuries associated with BSC’s Transvaginal Mesh Devices. The proposed Settlement is not an admission of the facts or liability on the part of the defendants, nor has there been any finding of liability by the Court against them. The defendants deny the allegations made in the lawsuits. 

The settlement was approved by the Ontario Superior Court of Justice on June 12, 2020. The Ontario Court also approved the Compensation Protocol, which governs which Class Members are eligible for compensation and in what amount. For information about the eligibility criteria and compensation levels, you should review the long-form Notice, the Compensation Protocol and the Settlement Agreement and related documents at www.canadabscmeshclassaction.com or contact the Claims Administrator or Class Counsel at the addresses below. 

Class Members Can Claim Compensation

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. Further information relating to the proposed settlement, including copies of the Settlement Agreement, Compensation Protocol, and related documents, and how to make a claim, including a copy of the claim form, is available at www.canadabscmeshclassaction.com or by calling the Claims Administrator at 1.866.795.5067.

Pursuant to the Compensation Protocol, there will be an Initial Claim Period for women who were implanted with a BSC Transvaginal Mesh Device before April 1, 2016, which will end on January 18, 2021, and a Supplemental Claim Period, ending on January 18, 2023. Women who sustained injuries (or worsening injuries) after January 18, 2021, women who missed the Initial Claim Deadline and women who were implanted with a BSC Transvaginal Mesh Device on or after April 1, 2016 will be eligible to claim during the Supplemental Claim Period.

To qualify in the Initial Claim Period, claims must be submitted (postmarked) by January 18, 2021

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. 

The law firms of Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. represent the Class Members and may be contacted as follows: 

Siskinds LLP
680 Waterloo St.
London, ON N6A 3V8
Elizabeth deBoer
Tel: 1-800-461-6166
Siskinds, Desmeules sencrl
Les Promenades du Vieux-Québec
43, rue Buade, bur 320
Québec, QC G1R 4A2
Erika Provencher
Tel: 418-694-2009 

If you have questions about the Settlement Agreement, Compensation Protocol and/or would like to obtain more information, please visit www.canadabscmeshclassaction.com, or contact the Claims Administrator as follows:

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