Guidant class action

1. The law firms of Sutts, Strosberg LLP and Lerners LLP are representing the plaintiffs in a class action against Guidant Corporation, Guidant Canada Corporation, Guidant Sales Corporation and Cardiac Pacemakers Inc. (collectively "Guidant").

2. The action is on behalf of all persons who were implanted in Canada with the following defibrillators and cardiac resynchronization therapy defibrillators (collectively the "Defibrillators") manufactured by Guidant:

and their family members.

3. In May and June, 2005, Guidant revealed that certain Defibrillators contained defects. The Guidant notices may be reviewed here.

4. The plaintiffs allege that Guidant was negligent in the design of the Defibrillators and failed to properly report significant defects in the Defibrillators to regulatory authorities and the public.

5. By reasons released April 10, 2008 and supplementary reasons released June 17, 2008, Justice Cullity of the Ontario Superior Court of Justice certified the action as a class proceeding.

6. The procedural history of the litigation may be reviewed here.

7. Justice Cullity has approved the form of the Notice of Certification, a copy of which may be reviewed here (in English) and here (in French). Guidant will be mailing the Notice of Certification to the Class Members on or before December 31, 2009.

8. Class Members who do not want to participate in the class action must opt out (remove themselves from the class action). If a Class Member chooses to opt out, he or she will not be eligible to participate in any settlement or monetary recovery if the plaintiffs are successful at trial. In order to opt out, Class Members must send a written confirmation, signed by the Class Member by prepaid mail, courier, or by email, on or before 5:00 p.m. ET on March 31, 2010 to:

     Howie & Partners
     Chartered Accountants
     3063 Walker Road
     Windsor, Ontario, Canada N8W 3R4
     sisaac@howieandpartners.com

9. Class Counsel and the representative plaintiffs have entered into an agreement regarding legal fees and disbursements. The agreement provides that Class Counsel will be paid the greater of an amount equal to their docketed time multiplied by four, or a minimum of 25 percent of the amount recovered, plus disbursements and applicable taxes.

10. If you have, or you suspect that you have, been implanted with a Defibrillator listed at paragraph 2 above, please provide the information requested on the Communication page of this website or call Sutts, Strosberg LLP at 800.229.5323, extension 8296 or Lerners LLP at 416.601.2359.

11. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 800.229.5323, extension 8296.

12. If you would like to know more about how a class action works, click here.