The suit alleges that Guidant was negligent in the design and manufacture of certain models of 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.
Guidant began recalls on some of its pacemakers in 2005. Since that time an estimated 3,559 patients have had their pacemakers removed.
In an earlier class action against the same company filed in the United States, there were some 8,000 patients involved, and the company settled for $240 million.
In this recent Canadian class action, the number of plaintiffs represented is currently 28,443. The suit is seeking damages of $525,000,000 for the negligent design, development, marketing and sale of defective pacemakers on behalf of all persons in Canada who have been implanted with a defective Pacemaker.