FREQUENTLY ASKED QUESTIONS
1. What is a class action?
Class actions are lawsuits in which the claims of many people, defined as having common but not identical interests in a lawsuit, are advanced and resolved in a single court proceeding. The members of the class are represented in the lawsuit by one (or in some cases, more than one) “representative plaintiff(s)”. Class actions begin as regular lawsuits and they do not become class actions until the lawsuit is approved (i.e. certified) as a class action by the court.
2. What is the Vitek TMJ Implant Class Action against the Canadian government about?
The lawsuit alleges that Vitek TMJ implants were imported and distributed in Canada with the knowledge of Health Canada or with Health Canada’s consent despite its knowledge that such devices posed serious health dangers and the recipients of those implants suffered harm.
3. What does Certification of the Vitek TMJ Implant Class Action mean?
By Order dated the 5th of September, 2007, the Ontario Superior Court of Justice certified the lawsuit, Taylor v. The Attorney General of Canada, Court File No.: 99-CV-181819CP [Toronto] as a class action and appointed Kathryn Anne Taylor as Representative Plaintiff (“the Plaintiff”) for the Class.
In certifying this lawsuit as a class action, the Court did not decide the merits of the claims or defences, whether the lawsuit will be successful, or what damages may be awarded to the members of the Class. The Plaintiff will still have to win at trial in order to obtain compensation for the Class. Further notices will be issued by the Court as necessary as the lawsuit progresses toward trial.
4. If the proposed Settlement is approved, who is eligible to make a claim?
The “Class” is defined as:
All persons resident in Canada, except those residing in British Columbia or Quebec who were implanted from 1983 to the present with temporomandibular joint medical device(s) of the Vitek or Proplast type, variously known as Vitek or Vitek Proplast or Proplast or Proplast 1 or Proplast 2 (“Vitek TMJ”) implants, which include but are not limited to the following:
(i) alloplastic implants of the Proplast proprietary type including implant sheathing, block Proplast, Proplast interpositional implants, and Proplast partial total joint replacements;
(ii) Vitek alloplastic implants, being composite of various materials; and
(iii) alloplastic implants of the Vitek proprietary type including Vitek implant sheeting, block Vitek, Vitek interpositional implants, and Vitek partial total joint replacements.
5. What do I need to do to register and be included in this Class Action?
If you meet the definition of the Class described above, you do not need to do anything at this stage. However, it is recommended that you register your desire to participate at www.vitektmjclassaction.ca, or by telephone at 1-877-453-8714.
6. What if I don’t wish to participate in this Class Action? Can I opt out and how do I opt out?
A written notice must be signed by you stating that you wish to opt out of the Vitek TMJ Implant Class Action. The written notice of opt out must be post-marked on or before December 31, 2008 to Crawford Class Action Services at the address listed below:
Vitek TMJ Implant Class Action Claims Administrator c/o Crawford Class Action Services Suite 3-505, 133 Weber Street North Waterloo, Ontario, N2J 3G9
AND Opt Outs must be sent by pre-paid mail or courier written notice.
Should you choose to opt out, your individual claim may be barred by the limitation period applicable in your province.
If you do not wish to be a part of the Class, you may still be entitled to participate in the proceeding, subject to the Court’s approval. You may wish to seek your own legal advice with respect to this matter.
7. What if I choose to do nothing?
If you choose to do nothing and do not Opt Out, you will remain a member of the class and be bound by any judgment ultimately obtained or court approved settlement that may be reached in this proceeding, whether favourable or not. If the settlement is approved you will not be eligible to participate in any other legal action related to the same cause of loss or facts encompassed by the Settlement Agreement.
8. Do I need a lawyer?
This decision is your choice. Should you decide to seek the advice of your own counsel, you will be responsible for the costs you incur.
9. How do I make a donation to help pay for the expenses of the lawsuit?
Counsel request that class members donate whatever they feel is fair to help pay the expenses of this lawsuit and the trial of the common issues. Class members will not be reimbursed for their donations upon the conclusion of this lawsuit, whether successful or not. Donations may be sent directly to:
Vitek TMJ Implant Class Action Claims Administrator c/o Crawford Class Action Services Suite 3-505, 133 Weber Street North Waterloo, ON N2J 3G9
10. Where can I get more information? Questions for class counsel should be directed by telephone, fax, email, or in writing to: Vitek TMJ Implant Class Action LEGGE & LEGGE Barristers and Solicitors 800 – 65 St. Clair Avenue East Toronto, Ontario M4T 2Y3 Tel: 416-923-1776 Fax: 416-925-5344 Email : tmjclass@leggeandlegge.com
Further information may be obtained by calling 1-877-453-8714 or by visiting the website at www.vitektmjclassaction.ca. |