Cuming Gillespie & Raymaker, REKO LLP, Lerners LLP, Cox Hanson O'Reilly Matheson and Hobbs Giroday have commenced or will be commencing class actions against Guidant Corporation, Guidant Sales Corporation, Guidant Canada Corporation and Cardiac Pacemakers Inc. (collectively, "Guidant") seeking damages for negligence and failure to warn as a result of Guidant's design, manufacture and distribution of defective Automatic Implantable Cardioverter Defibrillators ("AICDs"), Cardiac Resynchronization Therapy Defibrillators ("CRT-Ds") and pacemakers (collectively, "Guidant Heart Devices").
Certain models of the Guidant Heart Devices are defective. The United States Food and Drug Administration has stated in a recall notice that: "... these devices can develop an internal short circuit when attempting to deliver an electric shock to the heart, preventing the treatment of abnormal heart rhythms. The problem is caused by deterioration of electrical insulation in the device and can only be detected after the device has already malfunctioned. The device does not give any sign of impending failure and there is no test that predicts whether the device will fail."
The Plaintiff alleges that Guidant designed, manufactured and distributed for sale the Guidant Heart Devices when it knew that these devices could suddenly develop an internal short circuit without warning, placing the patient in grave danger. The Statement of Claim seeks damages on behalf of all persons in Canada implanted with a defective Guidant Heart Device. The following defective device model numbers are the subject matter of the claim:
The defective model numbers for the AICDs and the CRT-Ds are: Ventak Prizm 2 VR, Model 1860; Ventak Prizm 2 DR, Model 1861; Ventak Prizm VR, Models 1850/1855; Ventak Prizm DR, Models 1851/1856; Ventak Prizm VR HE, Model 1852; Ventak Prizm DR HE, Model 1852; Ventak Prizm DR HE, Model 1853; Ventak Mini IV, Models 1790/1793/1796; Ventak Mini III HE, Model 1789; Ventak Prizm AVT (all series numbers); Vitality AVT (all series numbers); Contak Renewal 2, Model H155; Contak Renewal 3;Contak Renewal 4; Contak Renewal 3 AVT (all series numbers); Contak Renewal 4 AVT (all series numbers); and Contak Renewal RF.
Through its subsidiaries and affiliated companies, Guidant also designed, manufactured and distributed the following pacemakers which were defective: PULSAR® MAX; PULSAR, DISCOVERY® MERIDIAN® PULSAR MAX II; DISCOVERY II; VIRTUS PLUS® II; INTELIS II; and CONTAK®TR.
Commencing 1998, Guidant began issuing recalls for various models of the Guidant Heart Devices. Patients should contact their physicians for medical advice regarding the potential replacement of the Guidant Heart Devices.
For further information, contact:
Cuming Gillespie & Raymaker
Barristers & Solicitors
1500, 635 -8th Avenue S.W.
Calgary, Alberta T2P 3M3
Telephone: 403-571-0555
Toll Free: 1-800-682-2480
Fax: 403-232-8818
E-mail:pcampoili@mcnallycuming.com