Defective Advanced Bionics Cochlear Implants
This class action seeks to compensate all persons who were implanted with the “HiRes Ultra” and “HiRes Ultra 3D” cochlear implants.
The Application for Authorization to Institute a Class Action was filed on August 3, 2023. The authorization process of the class action can take one year before the case takes its course as an ordinary action.
The class action
Troy Dingwell, represented by Trudel Johnston & Lespérance and Gluckstein Lawyers, filed an Application for Authorization to Institute a Class Action against Advanced Bionics Corp. and six other interrelated companies, all which are involved in the manufacturing, marketing and distribution of the “HiRes Ultra” and “HiRes Ultra 3D” cochlear implants.
The plaintiff alleges that these two models of cochlear implants contain a safety defect and can cause serious injury to patients who receive them.
Implant failure, which occurs in a large proportion of implants, can not only cause reduced performance of the device, but also to vertigo, dizziness and convulsions. The surgery required to replace the defective cochlear implant also entails the risk of complications and a lengthy rehabilitation process. In the case of children, the defective device can cause developmental and learning difficulties.
For these reasons, the plaintiff alleges that Advanced Bionics and the other defendants are liable to repair the damage caused to class members under the Civil Code of Quebec, the Consumer Protection Act and the Charter of Human Rights and Freedoms.
The class definition is as follows:
All persons who were implanted in Québec with a HiRes Ultra or HiRes Ultra 3D cochlear implant manufactured by Advanced Bionics, or any components of such cochlear implants including the electrode array.
All persons who are the successor, spouse, parent, child, sibling, dependant or caregiver to a person described in the preceding paragraph.
The application for authorization was filed on August 3, 2023 and has not yet been heard by the Superior Court.
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