Surgical Stapler Class Action Lawsuit Canada

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Ethicon surgical stapler

The attorneys at Schmidt National Law Group are now investigating and accepting cases for this new class action for those injured from surgical staplers in Canada. 

Recent reports from the Canadian FDA have alerted us to the problems associated with these surgical devices.  If you or a loved one has been injured due to a surgical stapler contact us today as the class action lawsuit is starting.

Were you a victim of a failed surgery involving a Surgical Stapler?

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Surgical staplers are generally used in surgical procedures in place of sutures to close tissue in various types of surgical wounds.  Many are used in gastric, digestive, bariatric, esophageal, pancreatic, gynecological and thoracic surgical procedures.These devices are widely used in Canada.  Canada’s FDA (Food and Drug Act) list surgical staplers as follows:

“Surgical Stapler and Clips/Staples: The stapler is a Class II medical device according to Rule 1(1) of the Classification Rules for Medical Devices in Canada.” 

Risks and Side Effects of Surgical Staplers.

Surgical staplers for internal use carry the risk of potential complications if the device does not function properly.  Malfunctions or misuse can result in prolonged surgical procedures or unplanned, additional surgical interventions. This puts patients at increased risk for dangerous complications, including:

  • bleeding
  • sepsis
  • fistula formation
  • tearing of internal tissues and organs
  • increased risk of cancer recurrence 
  • death

Which Brand Surgical Staplers are Problematic?

Johnson and Johnson’s Ethicon division and Medtronic are the two largest surgical stapler manufacturers. Together, they dominate the Canadian market and produced about 80 percent of the staplers in 2015 -2017.  Panther Medical Canada Inc; recently entered the Canadian market in late 2019  but most procedures use either the Johnson & Johnson or Medtronic brands.  

The following list of surgical staplers in Canada is under investigation by our law group:

Ethicon Brand Surgical Staplers Models:

Echelon series, Contour Curved Cutter, Endo-Surgery series, Proximate series.

Medtronic Surgical Staplers Models:

Signia Stapling System, Endo GIA series of staplers, iDrive Ultra Powered Stapling System, DST series, Premium Plus CEEA Staplers, Appose Single Use Skin Stapler, DFS Single Use Fascia Stapler, Roticulator series, DST Single Use series, ILA series, GIA Single Use and Reusable series.

Panther Canada Inc Surgical Stapler Models:

Endo Linear Cutter, Disposable Circular Stapler.

Surgical Staplers Linked to Thousands of Injuries.

A search of Canada’s FDA shows they are aware of problems and complications of surgical staplers as far back as 2009.  In 2019: 25,519 suspected medical devices were mentioned in the incidents reported to Health Canada. A growing number of injuries reported each year shows from 6,544 medical devices in 2010 to 25,519 devices in 2019, a 4-fold increase.  These surgical staplers are listed in the category of general and plastic surgery (with devices such as electrodes and implants) and had the highest reported incidents of injuries.


Common Reported Adverse Events with Surgical Staplers.

The most commonly reported problems in these adverse event reports include an opening of the staple line or malformation of staples, misfiring, difficulty in firing, failure of the stapler to fire the staple, and misapplied staples (e.g., user applying staples to the wrong tissue or applying staples of the wrong size to the tissue).

Stapler and/or staple malfunctions or misuse may result in prolonged surgical procedures or unplanned, additional surgical interventions, which may lead to other complications such as bleeding, sepsis, tearing of internal tissues and organs, increased risk of cancer recurrence, and death.

Hurt or Injured from a Surgical Stapler? Join the Class Action

If you underwent surgery that involved internal surgical staplers and you experienced any adverse side effects, you can now join into this class action lawsuit, and you should report your injuries to Canada’s MedEffect Adverse Event Reporting Program at:

Talk to your doctor to see if you can find out which surgical stapler device was used during your surgery.

Even if you’re unsure which device was used during your surgery, you should speak with one of our attorneys to understand your legal options. You may be entitled to financial compensation that can help cover medical expenses and lost wages.

Fill out the form on this page or call 1-800-631-5656 to speak with a member of the Schmidt National Law Group legal team today.

Surgical Stapler Class Action Lawsuit Canada, page updated on 2/02/2021