Waddell Phillips Professional Corporation and Flaherty McCarthy LLP Litigation Counsel: Class Action Certified Regarding Sorin's 3T Heater-Cooler Unit
TORONTO, May 28, 2021 (GLOBE NEWSWIRE) -- A national class action has been certified against Sorin Group Deutschland GMBH and its Canadian distributor, LivaNova Canada Corp. The action alleges that the Sorin 3T Heater-Cooler System was contaminated by a bacterium known as M. chimaera that posed a unique risk of infection to patients who underwent open chest surgery. The claim alleges that M. chimaera is a slow growing bacterium, and also alleges that it can take anywhere from two weeks to five or six years before an infection becomes manifest.
The 3T Heater-Coolers are used to regulate blood temperature during open chest surgery. The Plaintiff's claim alleges that the Defendants were negligent in the design, manufacture, pre-market and after-market testing, and/or distribution of the 3T Heater-Coolers, and that they failed in their alleged duty to recall the contaminated HCUs. Particularly, the claim alleges that in some cases, contaminated vapour was vented from the 3T Heater-Coolers, causing infections in the surgical patient. The claim alleges that severe infections have been reported, including several deaths in the most extreme circumstances.
The class action seeks damages on behalf of: Every person in Canada, who underwent open chest cardiac surgery during which the Sorin 3T Heater-Cooler System was used at one of a specified list of 34 cardiac surgery institutions between January 1, 2010 and the last date that the implicated 3T Heater-Cooler System was used at that institution (the Patient Class). The action is also brought on behalf of the immediate family members of the Patient Class.
The allegations contained in the Statement of Claim have not been proven in Court, and the Defendants deny the Plaintiff's claims.
More information about the class proceeding is available on Class Counsels' websites: www.livanovaclassaction.com or https://waddellphillips.ca/class-actions/LivaNova-class-action/ including the Plaintiff's Statement of Claim, and the Defendants' defence.
For further information contact Class Counsel:
Margaret L. Waddell
(416) 477-6979
[email protected]
Sean A. Brown
(416) 368-0231
[email protected]
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