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Bristol-Myers, Baxter & 3M Breast Implant Settlement
​​​​Important
Please visit the page on this site for critical 'Opt-In' and 'Opt-Out' submission deadline dates. 

​​Notice​​​

LEGAL NOTICE RE: 

BRITISH COLUMBIA AND OTHER PROVINCES EXCEPT ONTARIO AND QUEBEC BRISTOL-MYERS, BAXTER & 3M BREAST IMPLANT LITIGATION SETTLEMENT 

TO: Anyone implanted with a silicone gel filled breast implant manufactured by Baxter Healthcare Corp., American Heyer-Schulte Corp., Heyer-Schulte Corp., American Hospital Supply Corp., Medical Engineering Corp., Bristol-Myers Squibb Co., the Cooper Companies, Inc., 3M Company or Minnesota Mining and Manufacturing Company ("3M") (collectively, the "Baxter, Bristol-Myers and 3M Implants"), and who resided anywhere in Canada other than Ontario or Quebec as of February 14, 1997. The breast implant models include Surgitek, Replicon, Heyer-Schulte, McGhan (from June 1, 1977 to August 3, 1984), Natural Y, Meme, and several others. 

BRITISH COLUMBIA COURT APPROVAL 

On August 5, 2005 the Supreme Court of British Columbia approved "The Bristol-Myers, Baxter, 3M/British Columbia and Other Provinces Breast Implant Litigation Settlement" (the "Agreement" or "Settlement") resolving Harrington v. Dow Corning, et al., Vancouver Registry No. C954330, as against Baxter Healthcare Corp., Bristol Myers Squibb Co., Medical Engineering Corp., The Cooper Companies, Inc., and 3M. As well, on March 17, 2005, the Supreme Court of British Columbia approved as part of the Settlement the consent certification and dismissal of Harrington v. HMTQ (Canada), Vancouver Registry No. 5002333, the separate class action against the Canadian government respecting the same breast implants. 

PARTICIPATION IN THE BRITISH COLUMBIA AND OTHER PROVINCES SETTLEMENT 

Resident Subclass: If you lived in British Columbia on February 14, 1997 you are a member of the "Resident Subclass" of this Settlement. If you want to make a claim in this Settlement, you must submit a Claim Form attached to the Agreement as Exhibit "C", to the Claims Administrator at the address below, on or before February 1, 2006 (the Claim Deadline). If you do not want to participate in this Settlement, so that you can pursue individual litigation, you must submit an Opt Out Form,
attached to the Agreement as Exhibit "A", on or before December 2, 2005 (the Opt Out Deadline).

Non-Resident Subclass: If you received your breast implant (s) in Canada, but outside of Quebec or Ontario or lived in Canada anywhere other than in Ontario, Quebec or British Columbia on February 14, 1997, you are a member of the "Non-Resident Subclass" of this Settlement. If you want to make a claim in this Settlement, you must submit an Opt In Form, attached to the Agreement as Exhibit "B", to the Claim Administrator at the address below, on or before December 2, 2005 (the Opt In Deadline), followed by a Claim Form, attached to the Agreement as Exhibit "C", on or before February 1, 2006 (the Claim Deadline). If you do not want to  participate in this Settlement you should do nothing.
 

SUMMARY OF AGREEMENT 

Payment 
: Bristol-Myers Squibb Co., Baxter Healthcare Corp. & 3M will pay up to $4,300,000.00 to fund this Settlement.

To make a claim, you do not have to prove causation, but you do have to prove that (a) you have or had Baxter, Bristol-Myers and/or 3M Breast Implants and (b) (if applicable for the claim option that you select) you experienced Explantation and/or Rupture and/or you have one of the Local Complications described in the Agreement. 

You may choose among the following claim options:
 

A.if you have or had a Baxter, Bristol and/or 3M Breast implant and suffered certain Local Complications and/or a Rupture and/or Explantation, you may make a claim under the Compensation Schedule, attached to the Agreement as Exhibit I; however, the exact amounts of compensation you receive will depend on the total number of claims that are approved, or

B.if you have or had a Baxter, Bristol and/or 3M Breast implant, but are not making a claim for injury, you may make a claim for a single expedited payment of an amount to be determined.
 

Release:To participate in the Settlement and receive payment, you must release those persons and companies as listed in Exhibit E to the Agreement including Her Majesty the Queen in Right of Canada, and for each of them, their predecessors, successors, subsidiaries, officers, directors, employees, divisions, affiliates, representatives, attorneys, assigns and agents, from any and all future liability involving your Breast Implant(s). If you participate in the Settlement, your claims against the Released Parties will be deemed discharged, released and waived ​as of the date of the Agreement. To receive payment under the Agreement, you must complete and sign a Release, which is attached to the Agreement as Exhibit G. Participation in this Settlement may affect your right to pursue litigation against non-released corporations or individuals. 

FURTHER INFORMATION

You may obtain a full copy of the Agreement with all exhibits and forms on the Internet at
www.deloitte.com/ca/bb3settlement or www.achesonwhitley.com or www.kleinlyons.com.

Contact​​

For information contact:

BB3 Claims Administrator
c/o Deloitte & Touche LLP,
PO Box 48140, 595 Burrard Street
Vancouver, B.C. Canada 
V7X 1N8
Telephone: (604) 640-3362 or 1-866-666-4236
Facsimile: (604) 899-8331
E-mail: bb3settlement@deloitte.ca 

British Columbia and Other Provinces Class Counsel:

Acheson Whitley
Victoria, B.C.
Tel: (250) 384-6262
Fax: (604) 384-5353
E-mail: whitley@achesonwhitley.com

Mark R. Steven Law Corporation
Vancouver, B.C.
Tel: (604) 801-7408
E-mail: marksteven@marksteven.com

Klein Lyons
Vancover, B.C.
Tel: (604) 874-7171
Fax: (604) 874-7180
E-mail: info@kleinlyons.com
 


This notice summarizes the Agreement. In the event of contradiction between this notice and the Agreement, the Agreement shall govern. This notice has been approved by the Supreme Court of British Columbia. Please keep this notice for future reference.
 

Page Last Updated Friday, February 18, 2011​