AMS Transvaginal Mesh Class Action

This class action is about two Canadian class actions involving mesh devices manufactured by American Medical Systems to treat Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”) (“AMS Women’s Pelvic Mesh Devices”). The class actions sought compensation for injuries that were allegedly related to the AMS Women’s Pelvic Mesh Devices. The defendants deny the allegations made in the lawsuits and make no admission as to the truth of the allegations.

The settlement applies to:

a)       All persons resident in Canada who have been implanted with an AMS SUI Transvaginal Mesh Device at any time on or before May 28, 2015 (the “Primary SUI Class”);

b)      All persons resident in Canada who by virtue of a personal relationship to one or more of such persons described in (a) 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 or at common law (the “Family SUI Class”);

c)       All persons resident in Canada who have been implanted with an AMS POP Transvaginal Mesh Device at any time on or before May 28, 2015 (the “Primary POP Class”); and

d)      All persons resident in Canada who, by virtue of a personal relationship to one or more of such persons described in (c) 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 or at common law (the “Family POP Class”).

AND

a)       All persons resident in Canada who have been implanted with an AMS SUI Transvaginal Mesh Device and/or any AMS POP Transvaginal Mesh Device at any time after May 28, 2015;

b)      All persons resident in Canada who were or are implanted with one or more Additional AMS SUI and POP Mesh Device(s); and

c)       Individuals who, by virtue of a personal relationship to one or more of such persons described in (a) or (b) 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 or at common law (the “Expanded Class”).

If you are included in one of these Classes and did not opt out of the class actions, you are bound by the terms of the Settlement Agreement and may qualify for compensation.

“AMS Women’s Pelvic Mesh Device” means any of the products listed below.  If you have more than one of the below listed products, you may claim in respect of each one.

Stress Urinary Incontinence Products: means each of SPARC® (including, but not limited to, SPARC® Sling System), BioArc® (including, but not limited to, BioArc® TO Sling Kit, BioArc® TO System with InteXen® LP, BioArc® SP Sling Kit and BioArc® SP System with InteXen® LP), Monarc® (including, but not limited to, Monarc® Subfascial Hammock, Monarc® C Subfascial Hammock and Monarc® + Subfascial Hammock), MiniArc® (including, but not limited to, MiniArc® Single-Incision Sling System, MiniArc® Precise™ Single-Incision Sling System, and MiniArc® Pro™ Single-Incision Sling System), In-Fast® (including, but not limited to, In-Fast® Bone Screw System, In-Fast Ultra® Bone Screw System, In-Fast® Sling System, In-Fast Ultra® Sling System and In-Fast® with Influence-TRG Gelseal) and RetroArc™ (including, but not limited to, RetroArc™ Retropubic Sling System).

Pelvic Organ Prolapse Products:  means each of Apogee® (including, but not limited to, Apogee® Vault Suspension System, Apogee® System with Cape, Apogee® System with Bio-Cape, Apogee® Enhanced, Apogee® System with IntePro®, Apogee® System with IntePro® Lite, and Apogee® System with InteXen® LP), Elevate® (including, but not limited to, Elevate® Apical and Posterior Prolapse Repair System with IntePro® Lite, Elevate® Apical and Posterior Prolapse Repair System with InteXen® LP, Elevate® Anterior & Apical Prolapse Repair System with IntePro® Lite, Elevate® Anterior & Apical Prolapse Repair System with InteXen® LP, Elevate® PC Apical & Posterior Prolapse Repair System, and Elevate® PC Anterior & Apical Prolapse Repair System), and Perigee® (including, but not limited to, Perigee® System, Perigee® System with IntePro®, Perigee® System with Biologic InteGraft, Perigee® Enhanced, Perigee® System with IntePro® Lite, Perigee® Plus, Perigee® Plus with IntePro® Lite and Perigee® System with InteXen® LP).

Other:  Straight-In Sacral Colpopexy System, InteMesh Silicone-coated sling/silicone-coated surgical mesh with or without InhibiZone, InteXen Porcine Dermal Matrix, IntePro Large pore Polypropylene Y mesh and Triangle.

The class action was approved on October 4, 2019.

To be eligible to obtain compensation under the Settlement, a Class Member must file a completed claim (claim form and required medical records) with the Claims Administrator on or before the Initial Claim Period deadline and the Supplemental Claim Period deadline.

Class members who suffered certain injuries alleged to be associated with their AMS Women’s Pelvic Mesh Devices and who satisfy the eligibility criteria set out in the Compensation Protocol may be entitled to benefits that will be based on a points system.  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.

The Settlement Agreement, Compensation Protocol and other documents are available here. 

The claim form requires that you provide medical records which can be time consuming to retrieve.  It is very important that you start the process of obtaining required medical documentation as soon as possible.

The approved settlement provides for the payment of $20,858,488.48 (Canadian dollars) which will be used to pay claimant compensation, the administration of the settlement, health care expenses incurred by the Provincial Health Insurers, and Class Counsel’s legal fees, disbursements, and applicable taxes.

If a Class Member is deceased, a claim by the Estate of the Class Member may be made.  If approved, the legal Estate Representative will be forwarded the settlement payment for that Estate.  Proof of authority to act as the representative must be provided.

A legal Estate Representative is someone who has been officially appointed to administer the Estate.  This can be done in a Will, where an “Executor” is named, or by a legally appointed administrator of the estate. 

You do not need to retain a lawyer in order to file a claim in this settlement.  The Claims Administrator is available to you, free of charge, to answer any questions you might have about the Claim process or Claim Form. 

If you choose to retain a lawyer, you will be responsible for paying the legal fees.  All future correspondence will be directed to your lawyer.

Download a claim form (Claim Form), fill it out in its entirety and either:

• Upload the completed claim form along with the required medical records online by going to the File Claim tab or clicking here.  

                                OR         

• Mail it along with your required medical records to:

AMS TVM Class Action

c/o RicePoint Administration Inc.

P.O. Box 4454, Toronto Station A

25 The Esplanade

Toronto, ON   M5W 4B1

a.       July 27, 2020 – Deadline to submit your claim in the Initial Claim Period

The Initial Claim Period is designed to compensate Class Members for injuries they have suffered to date. To claim as part of the Initial Claim Period, you must complete and submit a claim form (including the necessary supporting documentation) to the Claims Administrator before July 27, 2020. If you do NOT submit your Claim on time, your claim will not be adjudicated, and you will not be eligible for any benefits under the Settlement Agreement unless you submit a claim in the Supplemental Claim Period.

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 Class Members who missed the Initial Claim Period deadline. To claim as part of the Supplemental Claim Period, you must complete and submit a claim form (including the necessary supporting documentation) to the Claims Administrator before July 27, 2022. If you do NOT submit your Claim by July 27, 2022 your claim will not be adjudicated, and you will not be eligible for any benefits under the Settlement Agreement.

For EACH AMS Women’s Pelvic Mesh Device implanted you MUST provide:

• A copy of the product identification sticker(s) (PID)

OR if a copy or copies of the PID is/are not available and the implant is an AMS Women’s Pelvic Mesh Device, you must submit one or more of the other forms of evidence below:

• Medical records contemporaneous to the implantation procedure for the AMS Women’s Pelvic Mesh Device recording the product identification information (product numbers) from the product identification sticker, tag, or label;

• Medical records contemporaneous to the implantation procedure for the AMS Women’s Pelvic Mesh Device identifying the information of the model of the AMS Women’s Pelvic Mesh Device;

• Documentation from the implanting surgeon providing confirmation of the model of the AMS Women’s Pelvic Mesh Device OR other confirmation that the implanted device was an AMS Women’s Pelvic Mesh Device; or

• Documentation from the implanting hospital purchasing department providing confirmation of the model of the AMS Women’s Pelvic Mesh Device OR other confirmation that the implanted device was an AMS Women’s Pelvic Mesh Device.

For implanted mesh products made by ANOTHER manufacturer, please provide product documentation if you have it.

Medical records supporting each category of Qualifying Treatment and Qualifying Surgery are required to be eligible for compensation.

The estimated distribution date is late 2021 for the Initial Claim Period.

If you have further questions or need any help, please contact the Claims Administrator at:

Email:  amsmeshclassaction@ricepoint.com

Toll-free:  1-866-571-7804