St. Jude Medical

On July 25, 2001, Poyner Baxter commenced an action on behalf of all persons who have received mechanical heart valves manufactured by St. Jude Medical, that have sewing cuffs coated with a substance called Silzone.

The class action was commenced against St. Jude Medical, Inc. and St. Jude Medical Canada, Inc. for their pre-market negligence with respect to research, development, testing, manufacture, release, monitor, recall and warnings to regulators, health care professionals and the public with respect to the Silzone heart valves. 

On December 20, 2007 a proposed settlement was reached between the Representative Plaintiff, Elsie Burnett and the Defendant, St. Jude Medical.

Camp Fiorante Matthews represents 23 objectors (the “Objectors”) who have received notice of the proposed consent certification and settlement approval hearing. 

The Objectors position can be summarized as follows:

• The proposed settlement significantly understates the likelihood of success in this case and the value of the class members’ claims.  This is particularly so for the vast majority of class members who will be releasing their claims for the payment of $500.  A critical flaw in this settlement is the failure to recognize or account for psychological damages and the cost of future care.
  
  
• The proposed settlement was arrived at in the absence of all available and relevant discovery evidence.  This Court is being asked to approve a settlement which has obviously been rejected by counsel in Ontario who have far more information than BC class counsel.  Further, BC class counsel never retained an independent expert to assist them in negotiations after they ceased working with national class counsel.  They reached this settlement in reliance on the information and expertise of the defendant.
  
  
• The proposed settlement does not account for the fact that the national class actions can and will be litigated through to a trial without significant delay or expense to the BC class;
  
  
• The proposed settlement faces numerous and significant objections from class members and was negotiated with limited input from and communication with the class members.

A hearing took place before Mr. Justice Sigurdson on October 6th and 8-10th, 2008, to certify the Class Action and approve the settlement.

On January 30, 2009 Mr.  Justice Sigurdson handed down reasons on January 30, 2009 and refused to approve the settlement with respect to those class members who may have compensable claims for psychological injury.

For further information concerning this action, please contact Lise Carmichael at 1-800-689-2322 or 604-689-7555, or email lcarmichael@cfmlawyers.ca.