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*New* Canadian Class Action Certified Against AMS Pelvic Mesh Maker

Daniel Bach, Siskinds LLP

Daniel Bach, Siskinds LLP

News out of Canada is that a class action lawsuit against American Medical Systems (AMS) has been certified clearing the way for defective product litigation and/or settlements.

The action affects potentially thousands of women in Canada, says attorney Daniel Bach of Siskinds LLP law firm of Toronto. The decision is now available online here.

The certification means Siskinds will represent everyone in the class unless a woman chooses to opt out and pursue her own litigation.  The settlements from AMS so far offered to women in the states do not include Canadian women.

Bach explains a Canadian class action process has similarities to the U.S. multi-district litigation system but allows “common issues” about the safety of mesh products to be determined at once, for all women implanted with AMS mesh, at a “common issue trial.”  Damages in a class action, if it is successful at trial or settles, are generally awarded based on the degree of injury of each class member.

The court will be looking to try issues common to every member of the class focused on the conduct of the defendant – Is the mesh dangerous?   And did AMS breach its duty of care when it marketed and designed the mesh?

“If we were to win at trial on those questions, every woman who has AMS mesh would have to come forward and say ‘I have an Apogee,’ for example, ‘and this many surgeries.’ It’s like a truncated trial because the common issues are already determined and bind every member of the class, and AMS.”~ Daniel Bach

The competency of the doctor could be an issue that could be tried separately.  Trials could be years away, says Bach.

The Canadian system of justice rarely sees monumental jury awards such as the $100 million in damages recently awarded Deborah Barba in her Delaware trial naming Boston Scientific.

“Awards for punitive damages in Canadian courts tend to be lower,” says Bach.  Another difference is that damages across the board for defective medical devices or even car accidents generally range lower because Canada offers its citizens universal healthcare.  In that case, the government may seek reimbursement from a defective mesh maker. Bach adds that generally the money is in addition to the plaintiffs’ claim so it will not further harm her.

On February 10, 2010, Health Canada issued a Notice to Hospitals relaying reports of various intraoperative and postoperative complications associated with the use of surgical mesh to treat SUI and POP. A second notice followed May 13, 2014 from Health Canada advising that “although many women treated with these devices have had good outcomes, Health Canada continues to receive reports of complications, including some serious and life-altering events, associated with the use of these surgical devices.”  Regardless of the device in question, the use of transvaginal surgical mesh has been associated with severe side-effects.

The class actions relate to allegations that the defendants failed to adequately warn patients and physicians that use of transvaginal mesh increases the risk of serious injuries and complications.

Siskinds represents women in Canada who have had a transvaginal mesh implant to treat SUI or POP.  Siskinds is also litigating mesh class actions against Johnson & Johnson, Boston Scientific, Coloplast and Covidien. #

 

Learn More:

http://www.digitaljournal.com/pr/2568380

Mesh Top Story on CTV, MND Dec 2012 

http://meshmedicaldevicenewsdesk.com/mesh-top-medical-story-in-canada-at-ctv

Thousands of Canadian Women Suffer in Silence, May 2013

http://meshmedicaldevicenewsdesk.com/suffering-in-silence-thousands-of-canadian-women-and-cherie-storozinski

Noni Wideman, Sidelined by Transvaginal Mesh, MND, May 2012

http://meshmedicaldevicenewsdesk.com/suffering-in-silence-nonie-wideman-canadian-child-advocate-and-rancher-sidelined-by-transvaginal-mesh

Suffering in Silence: Jane Dowdall, MND, October 2011

http://meshmedicaldevicenewsdesk.com/suffering-in-silence-jane-dowdall-life-after-prolapsed-bladder-surgery-with-synthetic-mesh

CTV: Canadian Transvaginal Mesh Lawsuit,, MND, May 2012

http://meshmedicaldevicenewsdesk.com/ctv-canadian-transvaginal-mesh-class-action-lawsuit

 

 

8 Comments

  1. Well as a Canadian I would be flaming angry to a reduction in a compensation to pay back our health system. They have been enablers of mesh misery for years. They have some responsibility for allowing mesh products to be used. They paid for the mesh put into our bodies. Does this not mean they approved the use of it? They did not recall mesh when warnings went out! They did not actively help women trying to get out of country approval for surgeries with mesh specialists. Women begged for help. From my perspective Health Canada deserves no compensation! They were and are still slow to act ,ignoring our own researchers that mesh degrades!

    • Debbie says:

      Well said Nonie

    • Barb says:

      I’m so glad to have read your comment!! We here in United States for those who have Mainecare/Medicare/Medicaid Government funded we all in an MDL suit have to reimburse them right off the top!!! I think they should not be reimbursed for something that did not have proper testing, so they get paid for original implant, any revisions, testing related and medications!! I;m upset because they allowed these devices with out proper testing to be inserted we did not ask for this nor the damages that our bodies have endured!!

  2. jbrokenbody says:

    Top of the food chain down. Consprisy,Corruptionet,lies,Death,etc. This is our world as it is. OMG!!!

  3. Still Suffering says:

    Nonie, I think the legal term is ” subrogation rights”. Most insurance companies in USA have it in their contract…sigh.

  4. Getting Fed Up says:

    When this is all said and done not only do I have to give my lawyer s there share I have to pay back every penny to my disability insurer the money I’m getting each month for being on disability because of this mesh.I’ve paid into my disability benefits for years, now I need it had a hard time getting it in the first place then find out I have to pay it back because I’m in an law suit how fair is that it not its bull dammed if you do dammed if you don’t

    • Jane Akre says:

      You may need a Special Needs Trust. Ask your lawyer about one.

    • Barb says:

      I sooooooooo agree with you!!! And just to let you know for us woman not able to go to court and our cases being heard we will not see these high settlements!! Another slap………….I don’t know about you all but woman but I would love to have my time on the stand!!! I also would like to recommend to all of you I would not use your correct name I know Jane will never reveal information but I do believe there are people (manufacturer’s) loooking at this site…………how many here have AMS??? I hope you all read all articles that’s been provided by Jane she’s amazing!! Are any of you willing to share your injuries?? I am I’m also will give or if you look under the article that Jane wrote about the rally there are media outlets we can use!!!

      1) 2 defective devices

      2) Several UTI, bladder infections

      3) Septis

      4) Bleeding

      5) Had 2 Faucet injections

      6) Dropped bladder

      7) organ prolapse

      8) No intimacy

      9) Still SUI

      10) Cystitis

      11) Sever vaginal pain

      12) 2 revisions, adjustment

      13) MESH EROSION

      So there are so many more side effects from having been testing humans!! It appears to me the only winner’s here are the ones getting their day in court and attorney’s getting huge piece. It’s unfair that those of us who have insurance tht is government funded we have to pay them back when they put warning’s out that were slid under the table! How does one put a value on someones life, fear, pain, suffering, test, medications, ect. Oh and find out July 15th when my mesh removal surgery will be!!

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