Compensation of the persons who had a cardiac surgery in Québec after November 1, 2011
This class action seeks to compensate all patients who have had open heart surgery in a dozen hospitals in Quebec after November 1, 2011.
On March 26, 2019, the defendants presented to Judge Bisson their request to obtain Mr. Paquin’s medical files and to question him on these files as well as his capacity to represent the class members. Judge Bisson rejected all the requests of the defendants except the communication of a short excerpt of his medical file showing the date at which he had undergone open heart surgery.
The hearing on the motion for authorization should take place in September 2019.
Conditions to be part of this class action
On September 12, 2017, the Honourable Judge Pierre-C. Gagnon of the Superior Court rendered a judgment that notably accepted a change to the proposed class description. All patients who had cardiac surgery in the dozen Quebec hospitals listed below after November 1, 2011 are covered by the proposed class action.
You are part of the class action if you meet all of the following criteria:
– you had open-heart heart surgery requiring extracorporeal circulation;
– this surgery was performed after November 1, 2011;
– this surgery was performed in one of the following hospitals in Quebec:
1. Centre hospitalier universitaire de Montréal (CHUM);
a. Hôtel-Dieu Hospital;
b. Notre-Dame Hospital;
2. Centre hospitalier universitaire Sainte-Justine (HSJ);
3. Centre hospitalier universitaire de Sherbrooke (CHUS);
4. McGill University Health Centre (MUHC);
a. Montreal General Hospital;
b. Royal Victoria Hospital;
c. Montreal Children’s Hospital;
5. CHU de Québec – Université Laval;
a. Centre hospitalier de l’Université Laval (CHUL);
6. Chicoutimi’s Hospital;
7. Jewish General Hospital (JGH);
8. Hôpital Sacré-Cœur de Montréal (HSC);
9. Montreal Heart Institute (MHI); and
10. Institut universitaire de cardiologie et de pneumologie de Québec (IUCPQ).
If you are a class member and want to receive information on the case, you can communicate with us at any time, or you can sign up to our mailing list by completing the form at the bottom of the page.
For more information on what it means to be a member of a class action, you can consult our “What are class actions” section.
Summary of the class action
On October 26, 2016, Mr. Paul-Aimé Paquin filed a class action suit against the Montreal Heart Institute, Livanova PLC and Sorin Group Deutschland GMBH.
The proposed class includes all people who had open heart surgery during which a 3T thermal generator was used. The use of this 3T thermal generator can lead to an infection with the bacterium Mycobacterium chimaera.
Livanova PLC is a United Kingdom company that was born from the merger of Sorin S.p.A and Cyberonics Inc.
On November 2, 2016, the applicant filed a Motion to discontinue his claim against the Montreal Heart Institute and to change the class description in order to include all persons who had open heart surgery in one of the listed hospitals.
On May 24, 2018, the Honourable Judge Donald Bisson rendered a judgement authorizing the applicant’s motion to amend the application to be authorized to bring a class action.