Canada Boston Scientific (BSC) Transvaginal Mesh Class Action

  1. What is the class action about?
  2. How do I know if I am included in the Class?
  3. What products are included in the class action?
  4. Has the Settlement been approved?
  5. How do I receive a share of the settlement funds?
  6. What monies will be paid under the Settlement Agreement?
  7. How do I file for an Estate?
  8. What if I retain a lawyer to submit my claim?
  9. Who are the lawyers representing the Class Members?
  10. How do I fill out a claim form?
  11. What are the claim deadlines?
  12. What documents do I need to include with my claim?
  13. When will receive payments?
  14. What if I still have questions?
  1. What is the class action about?

    A Canada-wide settlement has been reached and approved on June 12, 2020 to resolve litigation against Boston Scientific Ltd. and Boston Scientific Corporation ("BSC"). If you were implanted with one or more BSC transvaginal mesh devices for treatment of Stress Urinary Incontinence (SUI) and/or for treatment of Pelvic Organ Prolapse (POP) on or before February 28, 2020, you may be entitled to compensation.

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  2. How do I know if I am included in the Class?

    The settlement applies to:

    a) All persons resident in Canada who have been implanted with an BSC Transvaginal Mesh Device at any time on or before February 28, 2020 (the "Primary Class"); and

    b) All persons resident in Canada who by virtue of a personal relationship to one or more of those persons identified 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 Class").

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

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  3. What products are included in the class action?

    "BSC Transvaginal Mesh Device(s)" means Advantage System (including, but not limited to Advantage Fit System), Obtryx Transobturator Mid-Urethral Sling, Obtryx II, Lynx Suprapubic Mid-Urethral Sling System, Solyx Single Incision Sling (SIS), Pinnacle Pelvic Floor Repair Kit, anterior/apical and posterior configuration, and Uphold Vaginal Support System.

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  4. Has the Settlement been approved?

    The class action settlement was approved on June 12, 2020.

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  5. How do I receive a share of the settlement funds?

     

    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 BSC Transvaginal 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.

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  6. What monies will be paid under the Settlement Agreement?

    The class action approved provides for the payment of $21,500,000 (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.

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  7. How do I file for an Estate?

    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.

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  8. What if I retain a lawyer to submit my claim?

    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.

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  9. Who are the lawyers representing the Class Members?

    Siskinds LLP
    680 Waterloo St.
    London, ON N6A 3V8
    Elizabeth deBoer
    Tel: 1-800-461-6166

    Siskinds, Desmeules sencrl
    Les Promenades du Vieux-Québec
    43, rue Buade, bur 320
    Québec, QC G1R 4A2
    Erika Provencher
    Tel: 418-694-2009

    

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  10. How do I fill out a claim form?

    Download a 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:

    BSC TVM Class Action

    c/o RicePoint Administration Inc.

    P.O. Box 4454, Toronto Station A

    25 The Esplanade

    Toronto, ON M5W 4B1

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  11. What are the claim deadlines?

    a.  January 18, 2021 – Deadline to submit your claim in the Initial Claim Period

    The Initial Claim Period is designed to compensate Class Members who were implanted before April 1, 2016 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 by January 18, 2021. 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.

     

    b. January 18, 2023 – Deadline to submit your claim in the Supplemental Claim Period

    The Supplemental Claim Period is designed to compensate Class Members for injuries sustained (or worsened) after January 18, 2021, Class Members who missed the Initial Claim Deadline, and Class Members who were implanted between April 1, 2016 and February 28, 2020. 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 January 18, 2023. If you do NOT submit your Claim by January 18, 2023 your claim will not be adjudicated, and you will not be eligible for any benefits under the Settlement Agreement.

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  12. What documents do I need to include with my claim?

    For EACH BSC Transvaginal 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 BSC Transvaginal Mesh Device, you must submit one or more of the other forms of evidence below:

     

    *  Medical records contemporaneous to the implantation procedure for the BSC Transvaginal 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 BSC Transvaginal Mesh Device identifying the information of the model of the BSC Transvaginal Mesh Device;

    *  Documentation from the implanting surgeon providing confirmation of the model of the BSC Transvaginal Mesh Device OR other confirmation that the implanted device was an BSC Transvaginal Mesh Device; or

    *  Documentation from the implanting hospital purchasing department providing confirmation of the model of the BSC Transvaginal Mesh Device OR other confirmation that the implanted device was an BSC Transvaginal 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.

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  13. When will receive payments?

    The estimated distribution date is 2022 for the Initial Claim Period

    

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  14. What if I still have questions?

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

     

    Email:  canadabscmesh@ricepoint.com

    Toll Free:  1-866-795-5067

     

     

    

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