Proposed Settlement of Canadian BSC Transvaginal Mesh Litigation

TORONTO, March 28, 2020 /CNW/ - Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. announced today that a Canada-wide settlement has been reached in a class action related to certain transvaginal mesh devices for treatment of Pelvic Organ Prolapse ("POP") and Stress Urinary Incontinence ("SUI") manufactured and distributed in Canada by Boston Scientific Ltd. and Boston Scientific Corporation ("BSC").  The class action, which was commenced in 2012, alleges various injuries associated with BSC Transvaginal Mesh Devices.

The proposed settlement applies to all women resident in Canada who were implanted with one or more of these devices on or before February 28, 2020 and provides for the payment by the Defendants of $21,500,000.00, for eligible claims as well as administration costs, legal fees and payments to the Provincial Health Insurers.  

The proposed Settlement is not an admission of 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.  

Class Expanded

As part of the settlement of the action, the Class Definition has been expanded to include women who were implanted with the Defendants' BSC Transvaginal Mesh Devices on or after February 17, 2017 and on or before February 28, 2020.  A copy of the amendment order, and the amended class definition are available at www.canadabscmeshclassaction.com.

If you were implanted with a BSC Transvaginal Mesh Device prior to February 17, 2017 and did not opt out of the action prior to September 6, 2017 you may not opt out now.

If you were first implanted with a BSC Transvaginal Mesh Device on or after February 17, 2017 and on or before February 28, 2020, you may "opt out". Opting out means that you will not be entitled to any compensation if the settlement is approved, but you will be able to commence your own lawsuit or continue any lawsuit you already have brought.  

If you would like to opt out, you must do so no later than May 27, 2020.  More information about how to opt out is available online at www.canadabscmeshclassaction.com or by requesting it from Class Counsel. For assistance, contact Class Counsel at 1-800-461-6166.

Court Approval Required

The proposed settlement requires the approval of the Ontario Superior Court of Justice and a hearing has been scheduled to proceed on June 12, 2020 at 10:00 A.M. at Osgoode Hall in Toronto.  At the same time, the Court will be asked to approve the Compensation Protocol, which sets out how Class Members will be compensated, and Class Counsel's fees and disbursements.

Class Members may object to the settlement, the Com3pensation Protocol and/or Class Counsel fees by email to Siskinds LLP at BSCmesh@siskinds.com by no later than May 27, 2020.

Further information relating to the proposed settlement, including the long form notice, Compensation Protocol and the Settlement Agreement and related exhibits, is available at www.canadabscmeshclassaction.com.

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: 

SOURCE Siskinds LLP