National class action certified against Guidant/Boston Scientific

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05/14/2009 - In a decision released May 8, 2009, Justice Cullity of the Ontario Superior Court of Justice certified a national class action against Guidant Corporation (subsequently purchased by Boston Scientific) on behalf of a class of 28, 443 individuals for claims relating to allegedly defective pacemakers. Litigation in the U.S. resulted in a settlement of $240 million in late 2007 on behalf of approximately 8,000 plaintiffs.

The Plaintiffs allege that the Guidant pacemakers are inherently defective and that Guidant knew about the defects in the pacemakers for a number of years, yet continued to market the pacemakers. The Claim also alleges that Guidant failed to disclose the defects to patients, health care providers and the regulatory authorities, including the FDA and Health Canada, thereby placing the health and well being of the class members in serious danger.

In 2005 and 2006, Guidant undertook a series of recalls on a number of its pacemakers. The Claim seeks damages on behalf of all persons who have been implanted in Canada with a defective pacemaker. In Canada, 28,433 individuals were implanted with one of the pacemakers at issue. At least 3,559 patients have had their pacemaker explanted.

The following models of pacemakers are subject to the action:

- CONTAK TR: 1241;

- DISCOVERY: 1174, 1175, 1273, 1274, 1275;

- DISCOVERY II: 0481, 0981, 1184, 1186, 1187, 1283, 1284, 1285, 1286;

- INTELIS II: 1384, 1385, 1349, 1483, 1484, 1485, 1499;

- MERIDIAN: 0476, 0976,1176, 1276;

- PULSAR: 0470, 0870, 0970, 0972, 1172, 1272;

- PULSAR MAX: 1170, 1171, 1270;

- PULSAR MAX II: 1180, 1181, 1280;

- VIRTUS PLUS II: 1380, 1480;

- INSIGNIA AVT DDD: 0982;

- INSIGNIA AVT DR: 1292;

- INSIGNIA AVT SR: 1192;

- INSIGNIA AVT SSI: 482;

- INSIGNIA AVT VDD: 882;

- INSIGNIA Entra DDD: 0985, 0986;

- INSIGNIA Entra DR: 1294, 1295, 1296;

- INSIGNIA Entra SR: 1195, 1198;

- INSIGNIA Entra SSI: 0484, 0485;

- INSIGNIA Plus DR: 1297, 1298;

- INSIGNIA Plus SR: 1194;

- INSIGNIA Ultra SR: 1190;

- INSIGNIA Ultra DR: 1290, 1291;

- NEXUS AVT DDD: 1432;

- NEXUS AVT DR: 1492;

- NEXUS AVT SR: 1392;

- NEXUS AVT SSI: 1328;

- NEXUS AVT VDD: 1428;

- NEXUS Entra DDD: 1425, 1426;

- NEXUS Entra DR: 1466, 1494, 1495;

- NEXUS Entra SR: 1395, 1398;

- NEXUS Entra SSI: 1325, 1326;

- NEXUS Plus DR: 1467, 1468;

- NEXUS Plus SR: 1394;

- NEXUS Ultra DR: 1490, 1491; and,

- NEXUS Ultra SR: 1390.

Guidant has admitted that there is widespread underreporting of device failures and that this underreporting leads to an underestimation of the actual failure rates. Further, and despite Guidant's allegations to the contrary, Justice Cullity found that more than 400 of the pacemakers were implanted after Guidant had identified the problem and model numbers effected and after an advisory had been sent to physicians. These findings are consistent with the findings of Guidant's own Independent Panel, which undertook a review of the company in 2006 and confirmed Guidant's culture of secrecy, underreporting and denial.

Ennis & Ennis, P.A. is representing individuals that have been harmed as a result of Guidant side effects. If you or a loved one have suffered as a result of Guidant related vision complications you may be entitled to compensation. Click here to contact one of our Guidant Attorneys about a Guidant lawsuit today.