Cook IVC Filter Products National Settlement

Frequently Asked Questions

You are or were a resident of Canada and were implanted with a Cook Gunther Tulip Vena Cava Filter Set, Cook Celect Vena Cava Filter Set, or Cook Celect Platinum Vena Cava Filter Set (“Cook IVC Filter Product”) during the class period (on or before January 8, 2020), which was manufactured, marketed, and/or sold or otherwise placed into the stream of commerce in Canada by the Defendants.

Now that the Court has approved the Settlement, Cook will provide the payments agreed to in the Settlement Agreement to Class Members who submit valid and timely Claims. This Notice explains the Action, the Settlement, your legal rights, what compensation is available, who is eligible for that compensation, and how to make a Claim for that compensation. Please read the entire Notice carefully.

What is the class action about?➕

Kuiper et al. v Cook (Canada) Inc. et al., Ontario Superior Court of Justice Court File No. CV-17-578210-00CP is a certified class action against Cook. The Action alleges that Cook marketed and sold IVC Filter Products without properly warning of the alleged increased risks of complications and injuries. Cook denies the allegations and any liability.

A parallel Saskatchewan Proceeding was discontinued against Cook on June 1, 2023. A parallel British Columbia Proceeding was discontinued against Cook on March 19, 2021. The Québec Superior Court has recognized and enforced the Ontario order and discontinued the parallel Québec Proceeding.

Why is there a Settlement?➕

The Parties have agreed to the Settlement to avoid the cost and risk of further litigation, including potential trials, and to provide Class Members with reasonable compensation in exchange for releasing the Defendants from liability. The Settlement does not mean that Cook did anything wrong, and the Court did not decide which Party was right. The Courts have not taken any position on the merits of the arguments of either the plaintiffs or the defendants, but the Ontario Superior Court of Justice has determined that the Settlement Agreement is fair, reasonable, and in the best interests of the Class Members. A term of the settlement is that the Proceedings will be dismissed or discontinued, which means that the Action has come to an end, and there will be no trial.

The Parties entered into the Settlement Agreement and the Court has approved the Settlement Agreement.

How do I know if I am part of the Settlement?➕

For the purposes of the proposed Settlement, (i) all persons resident in Canada who were 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 the Defendants (“Primary Class”); and (ii) all persons resident in Canada who, by virtue of a personal relationship to one or more of such persons described in (i) above, have standing in this action pursuant to section 61(1) of the Family Law Act, RSO 1990, c F 3 or analogous provincial legislation (“Family Class”) are Class Members. Where such person is deceased, the personal representative of the estate of the deceased person is a Class Member. 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.

Class Members who satisfy the eligibility criteria set out in the Compensation Protocol may be entitled to benefits that will calculated in accordance with the Compensation Protocol.

Not all Class Members are eligible to receive compensation. Some exceptions apply (see FAQ Who is excluded from the Settlement?).

Can I exclude myself from the Settlement?➕

No, as indicated in prior notices, the deadline to exclude yourself—sometimes referred to as “opting out”—ended on March 16, 2021. Class Members will be bound by the Settlement Agreement if it is approved by the Court.

Who is excluded from the Settlement?➕

Only Class Members who meet certain criteria are eligible to submit Claims in the Settlement. You are excluded from making a Claim in the proposed Settlement if:

(a) you are not a Class Member under the terms of the Settlement Agreement;

(b) you previously and validly opted out of this class action; and/or

(c) you previously settled claims against Cook and executed a release in favour of Cook in relation to matters that are the subject of this class action.

What is available under the Settlement?➕

Under the Settlement, Class Members file claims pursuant to the Compensation Protocol and may be eligible for compensation, provided that they submit a valid and timely claim.

Class Members who are finally approved pursuant to the Compensation Protocol as Less Severe Injury Claimants may be eligible to receive funds from the Preliminary Settlement Amount.

Class Members who are finally approved as Qualifying Claimants may be eligible to compensation as set out below:

(a) up to $54,000 CAD for each Qualifying Claimant assessed by the Claims Administrator as a Qualifying Fracture Claimant;

(b) up to $81,000 CAD for each Qualifying Claimant assessed by the Claims Administrator as a Qualifying Death Claimant; and

(c) up to $169,500 CAD for each Qualifying Claimant assessed by the Claims Administrator as a Qualifying Open Surgery Claimant.

The quantum of the payments to Class Members with Qualifying Claims will be reduced pro rata if the total amount of the claims in categories (a), (b) and (c) above exceed $4,062,720 CAD.

Until all claims have been adjudicated it will not be possible to determine the exact value of the compensation that may be paid to eligible claimants.

Also, a Preliminary Payment in the amount of $2,708,480 CAD will be made available for Class Counsel to pay costs, including Administration Costs, Notice Plan Costs, Class Counsel Fees not associated with Qualified Claimants, Provincial Health Insurer claims, certain Other Qualifying Claims and applicable taxes, as provided in the Settlement Agreement. The amounts paid to Other Qualifying Claimants will be based on the Compensation Protocol and the number of approved Other Qualifying Claimants.

Please refer to the Compensation Protocol for more information.

How do I make a Claim?➕

The claims process runs from July 5, 2024 to November 11, 2024. You must make a claim by filing a claim pursuant to the Compensation Protocol on or before November 11, 2024.

1. Primary Claim - all persons resident in Canada who were 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 the Defendants

2. Family Member Claim - all persons resident in Canada who, by virtue of a personal relationship to one or more of such persons described above, have standing in this action pursuant to section 61(1) of the Family Law Act, RSO 1990, c F 3 or analogous provincial legislation

Please keep a copy of your filed claim and all of the supporting evidence and documentation you submit for your own records.

If you fail to submit a claim and supporting evidence and documentation on or before the deadline to submit a claim, you will not be eligible for any benefits under the Settlement Agreement. Sending in a claim 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.

What evidence do I need to prove my Claim?➕

Supporting documentation must be submitted with the Claim Form. The supporting documentation required may be documentation from a doctor or other medical professional. It may take time to collect this information and you should gather documents as soon as possible. You may wish to consult a lawyer to assist you with this process. If you have questions, contact one of the law firms listed below or another lawyer.

Siskinds LLP

275 Dundas St, Unit 1

London, ON N6B 3L1

Telephone: 1-800-461-6166