EXHIBIT “E”
INFORMATION PACKAGE
INSTRUCTIONS FOR SETTLING CLAIMANTS
I.
GENERAL INSTRUCTIONS
To avoid losing your rights, on or before the deadlines set for below, you must submit the
Forms, the Product Identification Documentation and the Supporting Documentation
described in the Settlement Agreement and in these instructions.
It is your responsibility to complete or obtain the required documents and submit them to the
claims Administrator in time, otherwise, your claim will be rejected. Keep in mind that
completing the documentation process takes time. Act now. DO NOT WAIT UNTIL THE
LAST FEW WEEKS BEFORE THE DEADLINES.
These instructions summarize the provisions of the Settlement Agreement. In case of
contradiction between these instructions and the Settlement Agreement, the Settlement
Agreement shall govern. If you need assistance or advice regarding these instructions, the
forms or anything else related to your claim, you may wish to retain legal counsel at your
own expense. If you encounter any difficulties collecting any documentation, contact your
legal counsel or Class Counsel.
Remember to keep copies of everything you send to the Claims Administrator. It
would also be prudent to send in your documents by registered mail.
II.
COMPENSATION PAYABLE
Claimants may seek compensation based on the following factors:
A.
B.
C.
D.
Number of TMJ Surgeries and Type
Age at Implantation and current age
Documented Bone Resorption
Documented Granuloma
The amount to be distributed to Eligible Claimants depends upon the total number of claims
approved for compensation by the Claims Administrator and the severity of those claims.
III.
IMPORTANT DEFINITIONS
To properly register and file your claim, you must be aware of the following definitions:
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Age at Implantation: Is your age at the time of insertion of the first Vitek TMJ Implant.
Bone Resorption: Documented bone resorption in or around the Temporomandibular Joint
or documented resorption of the glenoid fossa resulting in entry into the cranial cavity as a
result of Proplast from a Vitek TMJ Implant. Documentation may include medical records,
x-rays, tomograms or MRI’s with appropriate radiographic report from a radiologist.
Granuloma: Documented granuloma or foreign body reaction in the Temporomandibular
Joint as a result of Proplast from a Vitek TMJ Implant. Documentation may include medical
records, pathology reports, x-rays, tomograms or MRI’s.
Product Identification Documentation: “Product Identification Documentation” shall be
deemed sufficient to establish that your TMJ implant(s) are or were Vitek TMJ Implant(s)
distributed by the Defendant if:
A.
the implant was inserted at one of the hospitals, or by one of the surgeons
listed in Exhibit “A” to this document who purchased the subject implants
from the Defendant and the implant was inserted after the first purchase from
the Defendant; and
B.
the operative report from the surgery during which the implant was implanted
or explanted refers to a Vitek implant or a teflon implant or a Proplast
implant or, where the surgical records are not available despite reasonable
efforts or the surgical records do not specify the type of implant, the Claimant
may swear an affidavit which establishes the measures taken to obtain
medical records, and includes as an exhibit a signed letter from the
implanting or explanting surgeon indicating that the subject implant was a
Vitek Proplast TMJ Implant; or
C.
where A and B above are not met, such other product identification as is
deemed acceptable by the Claims Administrator.
Supporting Documentation: shall consist of appropriate medical records, including any
reports, x-rays, Tomograms and MRI’s.
IV.
REPRESENTATION AND FEES
Class Members are not individually responsible for the costs or fees of class counsel, which
are subject to court award and are deducted from the Settlement Amount before distribution
of funds to Class Members.
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However, each Class Member is individually responsible for any legal fees and disbursements
associated with the provision of advice, the preparation and filing of her/ his claim, including costs
of medical reports, records and doctor’s fees.
Class Members may retain a lawyer of their own choice for advice concerning their individual rights
and for preparation of a claim under this Settlement. The fees and disbursements relating to these
individual solicitor-client arrangements are governed by the ordinary rules respecting individual
solicitor-client fee agreements in that lawyer’s Province.
V.
DEADLINES FOR REGISTERING
To be considered eligible to receive benefits pursuant to the Agreement YOU MUST SEND IN to
the Claims Administrator (postmarked XXXX, 1999) your:
(1)
Individual Claim Form;
(2)
Product Identification along with medical records documenting each injury for which
the Claimant has claimed for compensation; or, if the individual has previously made
an application to the Backstrom v. Methodist Hospital class action settlement in
Houston, Texas a copy of the Compensation Claim Form evaluating the claimant in
that class action , and medical records documenting each injury which has occurred
since that time;
(3)
A photocopy of the Claimant’s Birth Certificate; and
(4)
A Medical Direction.
If you do not send your completed Claim Form together with the above supporting documentation to
the Claims Administrator, postmarked on or before:
_________________________, 1999.
you will be barred from ever receiving any benefits from the Settlement Agreement.
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ALL REQUIRED FORMS AND DOCUMENTATION
MUST BE SUBMITTED
BY THE ABOVE LISTED DEADLINES
TO THE CLAIMS ADMINISTRATOR AT:
XXX Street
London, Ontario, Canada
XXX XXX
In no event will claims submitted after
________________________, 1999,
be considered.
CLASS COUNSEL:
Class Action Law Firms for British Columbia Class (including opt-ins from residents of
Alberta, Saskatchewan, Manitoba, Nova Scotia, New Brunswick, P.E.I. Newfoundland, Yukon
and Northwest Territories)
KLEIN LYONS
DOCKEN & COMPANY
500 – 805 West Broadway
215 Atrium II, 840 - 6th Avenue S.W.
Vancouver, British Columbia V5Z 1K1
Calgary, Alberta T2P 3E5
Telephone: 1-800-468-4466
1-877-269-3612
www.kleinlyons.com
www.docken.com
Class Action Law Firm for Ontario Class
SISKIND CROMARTY IVEY & DOWLER
680 Waterloo Street
London, Ontario N6A 3V8
Telephone:
1-800-461-6166 Ext. 360
www.siskind.com
Class Action Law Firm for Quebec Class (including residents of Alberta, Saskatchewan,
Manitoba, Nova Scotia, New Brunswick, P.E.I. Newfoundland, Yukon and Northwest
Territories)
LAUZON BELANGER
511 Place d'Armes, Bureau 200
Montreal (Quebec) H2Y 2W7
Telephone:
(514) 844-4646
1 (800) 287-8587
www.lauzonbelanger.qc.ca
-5Exhibit “A”
Facility / Surgeon
Date of First Purchase
A.P. Pike & Associates
Aberdeen Hospital Commission
Calgary General Hospital
Centre Hospitalier
St. Vincent de Paul
CFB Halifax
Charles Camsell General
Chedoke McMaster
Colonel Belcher
Credit Valley
Delta
Doctors Hospital
Dr. Goldstein
Dr. Pikes
Dr. Sandy James Pritchard
Dr. Wittenberg
Dr. Yip
Grace General
Halifax Infirmary
Hamilton Civic
Health Sciences Centre (UBC)
Health Sciences Centre (MB)
Hopital Enfant Jesus
Hopital Sacre-Coeur
Hopital Notre Dame
Hotel Dieu Kingston
Hotel Dieu Sherbrooke
Joseph Brant Memorial Hospital
McKellar General
Metropolitan General
Montfort
Montreal General
Mount Saint Joseph
Nanaimo General Hospital
Northwestern General
Oakville Trafalgar Memorial
Oshawa General
Port Arthur General
Red Deer Regional Hospital
February 9, 1984
July 10, 1986
August 30, 1988
June 23, 1987
January 8, 1986
September 25, 1994
July 24, 1984
April 9, 1985
February 28, 1986
February 24, 1984
January 16, 1989
September 14, 1984
August 24, 1984
July 2, 1985
June 15, 1984
April 25, 1984
June 26, 1984
September 26, 1983
May 16, 1988
February 24, 1984
November 23, 1983
April 18, 1988
March 11, 1986
May 9, 1983.
September 21, 1985
January 20, 1985
November 22, 1989
February 27, 1984
August 27, 1987
October 31, 1985
June 21, 1984
June 13, 1985
January 29, 1985
October 30, 1986
May 16, 1985
November 23, 1987
December 12, 1984
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Centre
Riverside
Royal Columbian
Samcar
Shaughnessy
St. Joseph's General
St. Mary's (B.C.)
St. Mary's (QUE)
St. Michael's
St. Paul's
St. Thomas-Elgin
Sunnybrook Medical Centre
The Izaak Walton Killam Hospital
Toronto General
University Hospital of Edmonton
University Hospital (SASK.)
University of Alberta
University of Guelph
Dept of Pathology
Valley Health Service Assoc.
Vancouver General
Victoria General (BC)
Victoria Hospital Corporation
Victoria General (NS)
May 27, 1988
May 24, 1985
December 14, 1987
January 23, 1986
November 25, 1986
November 8, 1983
July 6, 1984
October 30, 1984
August 27, 1986
June 12, 1986
September 12, 1983
August 19, 1986
August 11, 1983
February 28, 1986
October 26, 1983
September 3, 1986
November 4, 1983
June 19, 1984
April 16, 1983
December 1, 1986
December 29, 1986
August 27, 1985
September 29, 1983