March 28th, 2020

// Approval of Settlement of Canadian AMS Women’s Pelvic Mesh Litigation

Approval of Settlement of Canadian AMS Women's Pelvic Mesh Litigation

TORONTO, March 28, 2020 /CNW/ - Siskinds LLP, Siskinds, Desmeules s.e.n.c.r.l., Rochon Genova LLP, and Merchant Law Group announced today court approval of a Canada-wide settlement reached in two class actions related to certain women's pelvic mesh devices for treatment of Pelvic Organ Prolapse ("POP") and Stress Urinary Incontinence ("SUI") manufactured and distributed by American Medical Systems Canada Inc. and American Medical Systems, Inc. ("AMS"). The class actions, which were commenced in 2012 against AMS and Endo Pharmaceuticals, allege various injuries associated with AMS' women's pelvic mesh devices.

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 June 25, 2019 and provides for the payment by the defendants of $20,858,488.48 (Canadian dollars) for eligible claims, administration costs, health care expenses incurred by Provincial Health Insurers and legal fees. 

"We are very pleased with this significant settlement and look forward to implementation of the compensation program" said Jill McCartney of Siskinds. "We would like to commend American Medical Systems for putting this compensation program in place for Canadian women and finally resolving the claims of participating Class Members."

The 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. 

The settlement was approved by the Ontario Superior Court of Justice on October 4, 2019 and was recognized and enforced by the Superior Court of Québec on December 20, 2019. 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.amsmeshclassactions.ca, 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 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.amsmeshclassactions.ca or by calling the Claims Administrator at 1-866-571-7804. 

Pursuant to the Compensation Protocol, there will be an Initial Claim Period, which will end on July 27, 2020, and a Supplemental Claim Period, ending on July 27, 2022. The Supplemental Claim Period is designed to compensate Class Members for injuries sustained after July 27, 2020, or for worsening injuries during that time period, and to compensate women who miss the Initial Claim Period deadline.

To qualify in the Initial Claim Period, claims must be submitted (postmarked) by July 27, 2020

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, Siskinds, Desmeules s.e.n.c.r.l., Rochon Genova LLP and Merchant Law Group 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
Rochon Genova LLP
900-121 Richmond St. W.
Toronto, ON M5H 2K1
Joel P. Rochon
Tel: 416-363-1867
Merchant Law Group
100-2401 Saskatchewan Dr.
Regina, SK S4P 4H8
Evatt Merchant
Tel: 306-359-7777

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