The Class Action alleges that Cook marketed and sold IVC Filter Products, namely the Gunther Tulip Vena Cava Filter Set, the Cook Celect Vena Cava Filter Set, and the Cook Celect Platinum Vena Cava Filter Set (collectively, “Cook IVC Filter Products”) without properly warning of the alleged increased risks of complications and injuries. Cook denies these allegations and any liability.  

UPDATE July 2024: The Settlement of the Class Action has been approved by the Court. To make a claim for compensation under the Settlement Agreement, you must complete and submit a Claim Form (including the necessary supporting evidence detailed in the Compensation Protocol) to the Claims Administrator before November 11, 2024. If you do NOT submit your Claim Form on time, you will not be eligible for any benefits under the Settlement Agreement.

You are a class member if you are or were a resident of Canada:

(a)     who was implanted with a Cook IVC Filter Product at any time on or before January 8, 2020, which was manufactured, marketed, and/or sold or otherwise placed into the stream of commerce in Canada by Cook; and

(b)     who, by virtue of a personal relationship to one or more of such persons described in (a) above, has standing in this action pursuant to section 61(1) of the Family Law Act, RSO 1990, c F 3 or analogous provincial legislation.

For greater certainty, the residency requirement for class membership relates to the time of the placement of the Cook IVC Filter Product.  Primary Class Members must have had a Cook IVC Filter Product placed in Canada but are not required to reside in Canada at present. You can no longer opt out of the Class Action. The opt-out period for the Class Action ended on March 16, 2021. Class Members will be bound by the Settlement Agreement if it is approved by the Court.

Benefits available from the Settlement:

Under the Settlement, Cook will provide a claims-made settlement of up to (a) $54,000 CAD for each Qualifying Fracture Claimant, (b) $81,000 CAD for each Qualifying Death Claimant, and (c) $169,500 CAD for each Qualifying Open Surgery Claimant, with a pro rata reduction of in the amount of each payment to the extent that the total amount of the claims in categories (a), (b) and (c) above exceed $4,062,720 CAD. 

Your Options Now:

• File a Claim: The period for submitting a Claim runs until November 11, 2024. During that period, you may make a Claim by filling out and submitting the Claim Form (including the necessary supporting Injury Evidence and Implant Evidence detailed in the Compensation Protocol) to the Claims Administrator. If you do NOT submit your Claim on time, you will not be eligible for any benefits under the Settlement Agreement. Sending in a Claim Form late will be the same as doing nothing.

• The Claim Form requires that you provide medical records which can be time consuming to retrieve. It is very important that you start this process as soon as possible, if you or your lawyer have not already done so. You may wish to retain a lawyer to assist you in this process. You can retain Class Counsel or a lawyer of your choice.

  
  
• Do nothing: You do not have to do anything to stay in the class action. The deadline to exclude yourself, sometimes referred to as “opting out”, has expired. 

Important Dates:

PLEASE DO NOT CALL THE DEFENDANTS OR THE COURTS ABOUT THESE PROCEEDINGS.