CASE UPDATE

A Canada-wide settlement was reached with American Medical Systems Canada Inc., American Medical Systems Inc., and Endo Pharmaceuticals Inc. (“AMS”) for CAD $20,858,488.48. The settlement will not be effective until it is approved by the Courts in Ontario and Quebec.

The Ontario Court hearing to approve the settlement is scheduled to proceed on October 4, 2019 at 10:00am at Osgoode Hall in Toronto. At the hearing, the Court will also be asked to approve a method of distributing settlement funds to eligible Class Members (the “Revised Compensation Protocol”) and Class Counsel’s legal fees and disbursements.

The long-form notice contains important information about the settlement, the Revised Compensation Protocol, Class Counsel’s fee request, your right to opt-out of the actions, and your right to participate in the Court hearing. You should read this notice carefully.

INFORMATION ABOUT THIS ACTION

What is this class action about?

Two actions were commenced in Ontario regarding medical devices sometimes referred to as “transvaginal mesh,” “TVM”, “slings” or “hammocks” manufactured by AMS. These devices are used to treat Stress Urinary Incontinence or Pelvic Organ Prolapse.

In 2015, the actions were certified by the Ontario Superior Court. For more information regarding the 2015 certification, please click here.

What has changed since the action was certified in 2015?

The Certification Orders granted by the Court in 2015 have been amended to include women implanted with an AMS women’s pelvic mesh up to and including June 25, 2019. Certain women’s pelvic mesh not previously included have been added to the class definition.

The below documents each contain a list of the AMS women’s pelvic mesh devices included in the settlement.

POP Certification Amendment Order
SUI Certification Amendment Order

Do I need to do anything to participate in the action?

No, nothing is required at this time.

If the settlement is approved by the Court, a further notice will be distributed detailing how to make a claim. If you have not already done so, you may contact the numbers below to receive notice directly once the settlement has been approved.

In the meantime, you should start to collect any medical records related to your mesh implant or complications, if you have not retained counsel to do so.

What if I don’t want to participate in this class action?

Some Class Members are still eligible to opt-out of this action. See the long-form notice for more information.

If you are eligible to opt-out, and you would like to do so, you must complete an Opt-Out Form and send it to Class Counsel no later than September 11, 2019

Important Documents

Short Form Notice of Settlement Approval Hearing
Long Form Notice of Settlement Approval Hearing
POP Certification Amendment Order
SUI Certification Amendment Order
Settlement Agreement
Revised Compensation Protocol
Opt-Out Form

For more information contact:

SISKINDS LLP
680 Waterloo Street
PO Box 2520
London, ON N6A 3V8

Elizabeth deBoer

Charles Wright

Rachel Pardy

(800) 461-6166 x2367

(519) 672-2121 x2367

elizabeth.deboer@siskinds.com

charles.wright@siskinds.com

rachel.pardy@siskinds.com

SISKINDS, DESMEULES sencrl
Les Promenades du Vieux-Québec
43, rue Buade, bur. 320
Québec, QC, G1R 4A2

Erika Provencher

(418) 694-2009

erika.provencher@siskindsdesmeules.com