BARD SURGICAL MESH SETTLEMENT AGREEMENT. Between. (the Plaintiffs ) and. (the Defendants )

Transcription

1 Page 1 BARD SURGICAL MESH SETTLEMENT AGREEMENT Made as of the 8u1 day of March Between Donna O Brien, Adam Pearce, Elizabeth Burden and Bruce Burden (the Plaintiffs ) and Bard Canada Inc., CR. Bard, Inc. and Bard Medical Division (the Defendants )

2 DEFINITIONS APPROVAL CERTIFICATION Page 2 TABLE OF CONTENTS SECTION 1 RECITALS 5 SECTiON Definitions 7 SECTION 3 AN[) NOTICE PROCESS Certification and First Notice Motion pproval Motion and Notice Notice of Termination 14 4 rttpjheirt 15 SEC[ICIN 4 TIlE SETTLEMENT BENEFITS Payment of Settlement Amount Settlement Amount to be held in Trust Taxes on Interest 1 6 SECT ION 5 No REVERSION 16 SEC1 ION 6 DISTRII3UT1ON OF THE SETTLEMENT AMOUNT 17 SECTION 7 EFFECT OF SETTLEMENT No Admission of Liability Attreement Not Evidence Best Efforts 19 SECTION 8 FOR SETTLEMENT ONLY Consent to Certification rtiiict1ti1ithoeffreice 19 SECTION 9-OPTING QpQEtjr9ceure 20

3 Page NodticationofMamheroiQpQits 21 SRI ION I (1 1 LRMINA1 ION O1 THIS AGRFFMFN General IYect of Exceeding the Opt-Out 1 hreshold. Conditions Precedent and Right to Terminate 23 JiF. PQcf.c.UpngJeimiatipn pptesreiatingtjermination 24 SI Cl IO\ 11 - DLTERMINAFI()N TIIL\F TIlE SF JTLEMENT IS I INAF 24 SI.C1K)\ 12-RELEASES AND JFRISDIC lion 01 11W ( OURI Release of Releasees No Further ( laims Dismissal of the Action agamst the Delendants 25 SI ( RON 13 ADMINISTR\TION ppint1j3ept of the Claims Administrator Claims Process jputesfppeernine the Decisions of the CIaim Administrator Conclusion of the Administration lion 14 JIlL ELF \GRFFML\T AND CLASS COLSFL FLFS Motion fbr \pp aipf Class Counsel Fees Pameni of Class Counsel Fees 29 SI C lion 15 MISCFLL\\LOtS 29 hi \iotionstoidiections Defendants Ila\çNo Responsibilit\ or Liahi1it for Administration 29 j3 I1eading. etc 30 LiJ I.as 30

4 Page Severability 31 l5xi Entire Agreemeni 3 1 l57 Binding Effect 31 l58 Survival 32 i59 Neotiated Acreernent (3 Recitals /ckno\iedgements 32 I 5,12 Authorized Signatures 33 15,13 c3nterps Confidentiality and Communications Notice 34

5 Page 5 SETTLEMENT AGREEMENT SECTION 1- RECITALS WHEREAS: A. Donna O Brien and Adam Pearce commenced this Action by statement of claim issued on August 24, 2012, against the Defendants alleging, among other things. that certain models of Bard branded products indicated for the treatment of stress urinary incontinence and pelvic organ prolapse were negligently designed and caused injury to Canadian women implanted with them, as well as the associated subrogated claims of the provincial health insurers. B. The statement of claim also asserts claims on behalf of derivative claimants. C. The Plaintiffs brought a certification motion that was heard March D. On April 16, the Ontario Superior Court of Justice released reasons denying the Plaintiffs certification motion. E. The Defendants have denied and continue to deny all claims in this Action, have vigorously denied any wrongdoing or liability of any kind, or whatsoever, and would have actively and diligently pursued affirmative defences and other defences had this Action not been settled. F. Based upon an analysis of the facts and law applicable to the issues in this Action, and taking into account the extensive burdens, complexities, risks and expense of continued litigation, including the determination of the Defendants potential alleged liability and potential limits thereto, the determination of damages to claimants. any

6 Page 6 potential appeals, as well as the fair, cost-effective and assured method of resolving the claims of the claimants, the Plaintiffs, with the benefit of advice from Class Counsel, have concluded that this Agreement is fair and reasonable, and in the best interests of the Classes. G. The Defendants similarly have concluded that this Agreement is desirable in order to avoid the time, risk and expense of continuing with the litigation, including any potential appeals, and any other present or future litigation arising out of the facts that gave rise to this litigation, and to resolve finally and completely the pending claims raised or that could have been raised in this proceeding. H. The Plaintiffs and the Defendants have engaged in hard-fought, arm s length negotiations to come to this Agreement. I. The Plaintiffs and the Defendants intend to and hereby do finally resolve this Action and the claims that were or could have been asserted in the Action against the Defendants, on the basis of two separate national classes, excluding Quebec, both certified for the purpose of settlement only, subject to the approval of the Court as hereinafter provided, without any admission of liability or wrongdoing whatsoever by the Defendants. J, The Defendants will consent to the certification of the Avaulta Class and the Align and Ajust Class, both as defined below, for settlement purposes only, and each of these classes will be funded separately by the Defendants as set out herein.

7 Page 7 K. The Defendants will provide a Special Circumstances Fund, as defined below, to be made available to the Claims Administrator to make payments to members of either class who. in the discretion of the Claims Administrator, are eligible for additional compensation. L. The Plaintiffs assert that they are suitable representatives for the Classes and will seek to be appointed as the representative plaintiffs for the two Classes in the Action. M. Class Counsel will retain RicePoint Administration Inc. (an independent claims administrator) to allocate the settlement funds pursuant to Schedule A to this Agreement. N. This Action, along with the parallel actions in Alberta (Boschman v Bard Canada Inc.. Court File No ) and Saskatchewan (Maxirnovich v Bard Canada Inc.. Court File No. Q.B of 2013 and Dinsdale v Bard Canada Inc.. Court File No. QBG ) shall be dismissed, without costs and with prejudice. NOW, THEREFORE, FOR VALUE RECEIVED, the Plaintiffs and the Defendants agree. subject to the approval of the Court, that this Action and any and all claims made or that could have been made against the Defendants by the classes, whether known or unknown, shall be finally settled and resolved on the terms and conditions set forth in this Agreement. SECTION 2- DEFINITIONS 2.1 Definitions In this Agreement, including the recitals hereto:

8 Page 8 (1) Action means the action styled Donna O Brien and Adam Pearce et a!. v. Bard Canada Inc. ci a!., filed in the Ontario Superior Court of Justice (Toronto Registry), and bearing Court File No. 8067/12 CP. (2) Agreement means this settlement agreement, including its recitals and schedules. (3) Align and Ajust Class means all persons resident in Canada (excluding Quebec) who were implanted with an Align and/or Ajust product (being an Align Urethral Support System, an Align TO Urethral Support System or an Ajust Single Incision Sling) at any time on or before the date of the certification order. (4) Align and Ajust Fund means the all-inclusive sum of $1,550,000 (one-million, five-hundred and fifty-thousand dollars Canadian) that the Defendants will pay into a fund to be used to pay the Align and Ajust Class members claims. (5) Approval Motions means the motions to be brought by the Plaintiffs in the Court for the Approval Orders. (6) Approval Orders means the orders made by the Court which shall be substantially in the form attached hereto as Schedules E and F or as fixed by the Court. (7) Authorized Claimant means any Class Member who has submitted a completed Claim Form which, pursuant to the terms of this Agreement, has been approved for compensation in accordance with the Claims Administration Procedures. (8) Avaulta Class means all persons resident in Canada (excluding Quebec) who were implanted with an Avaulta product (being an Avaulta Plus Posterior, an Avaulta

9 Page 9 Plus Anterior, an Avaulta Solo Posterior or an Avaulta Solo Anterior) at any time on or before the date of the certification order. (9) Avaulta Fund means the all-inclusive sum of $400,000 (four-hundred thousand dollars Canadian) that the Defendants will pay into a fund to be used to pay the Avaulta Class members claims. (10) Claim Form means the form which, when completed and submitted in a timely manner to Class Counsel, constitutes a Class Member s claim for compensation pursuant to this settlement. (11) Claims Administration Procedures means the procedures for the determination of Authorized Claimants and the administration of compensation to Authorized Claimants pursuant to this settlement as set forth in the attached Schedule A. (12) Claims Administrator means RicePoint Administration Inc., the third-party professional firm selected at arm s length by Class Counsel, approved by the Defendants, and appointed by the Court to administer the notice plan and allocate the settlement funds pursuant to Schedule A to this Agreement, and any employees of such firm. (13) Claims Bar Deadline means the date by which each Class Member must file a Claim Form and all required supporting documentation with Class Counsel, which date shall be 180 (one-hundred and eighty) days after the date on which the Second Notice is first published.

10 Page 10 (14) Class(es) or Class Members means all persons residing in Canada (excluding Quebec) who were surgically implanted with one or more of the Covered Products during the Class Period. (15) Class Counsel means McKenzie Lake LLP. (16) Class Counsel Fees means the fees, disbursements, costs, HST and other applicable taxes or charges of Class Counsel, as approved by the Court. (17) Class Period means the period from January 1, 2008 through March 21, (18) Collateral Agreement means the agreement executed by counsel to the parties, which sets the Opt-Out Threshold, the terms of which shall be kept confidential unless the Court requires disclosure thereof, or as may be required by Section 10.2(4) hereof. (19) Court means the Ontario Superior Court of Justice. (20) Covered Products means the following surgical mesh products that were researched, developed, tested, manufactured, marketed, distributed or sold by one or more of the Defendants: Avaulta Plus Posterior, Avaulta Plus Anterior, Avaulta Solo Posterior, Avaulta Solo Anterior, Align Urethral Support System, Align TO Urethral Support System and Ajust Single Incision Sling. (21) CPA means the Class Proceedings Act, 1992, S.O. 1992, c. 6, as amended. (22) Defendants means Bard Canada Inc., C.R. Bard, Inc. and Bard Medical Division.

11 Page 11 (23) Effective Date means the date on which all of the following occur or have occurred: (a) the Approval Orders have been issued and entered and have become final orders; and (b) the Defendants right to terminate this settlement has expired. (24) First Notice means the long form and short form notices to the Classes of the Approval Motions and the means by which Class Members may object to or otherwise participate in the Approval Motions, which shall be substantially in the form attached hereto as Schedules C and D, respectively, or as fixed by the Court and in form and substance acceptable to the Defendants, acting reasonably. (25) Notice and Administration Fund means the all-inclusive sum of $225,000 (twohundred, twenty-five thousand dollars Canadian). (26) Opt-Out Deadline means the date 60 (sixty) days after the date on which the Second Notice is first published, or as ordered by the Court. (27) Opt-Out Form means the document substantially in the form attached hereto as Schedule J or as approved by the Court and in form and substance acceptable to the Defendants, acting reasonably that if validly completed and submitted by a Class Member to Class Counsel before the Opt-Out Deadline, excludes that Class Member from the Class and from participation in the settlement.

12 Page 12 (28) Opt-Out Threshold means the number of opt-out parties that triggers the Defendants right to terminate this Agreement in accordance with Section 10.2 hereof as particularized in the Collateral Agreement. (29) Plaintjffs means Donna O Brien, Adam Pearce, Elizabeth Burden and Bruce Burden. (30) Released Claim(s) means any and all manner of claims, demands, actions, suits, and causes of action alleged or which could have been asserted in the Action, whether direct or indirect, class, individual or otherwise in nature whether personal, derivative or subrogated, damages whenever incurred, liabilities of any nature whatsoever, including interest, costs, expenses, penalties, and lawyer s fees, that the Releasors, or any one of them, whether directly, indirectly, representatively, derivatively or in any capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, whether known or unknown, relating in any way to any conduct by the Releasees prior to the close of the Class Period concerning the alleged damages from the use of the Covered Products. (31) Releasees means the Defendants, including the past and present affiliates and subsidiaries, and all of their respective past and present directors, officers, partners, employees, trustees, servants, consultants, agents, advisors, lawyers, representatives, successors, assigns and each of their heirs, executors, administrators, successors, and any insurers.

13 Page 13 (32) Releasors means, jointly and severally, the Plaintiffs, the Class Members (excluding opt-out parties) and their respective past and present employees, agents, trustees, servants, consultants, advisors, representatives, heirs, executors, lawyers, administrators, guardians, estate trustees, successors, assigns, and any other person who could claim a right through the foregoing, including derivative claimants such as claimants under the Family Law Act, RSO 1990, c F.3, or other similar provincial legislation. (33) Second Notice means the long form and short form notices to the Class of the Approval Order, the means by which Class Members may opt-out of the Class and the means by which Class Members may make a claim for benefits under the settlement, which shall be substantially in the form attached hereto as Schedules F and G, respectively, or as fixed by the Court and in form and substance acceptable to the Defendants, acting reasonably. (34) Settlement Account means the interest bearing trust account with one of the Canadian Schedule 1 banks in Ontario under the control of Class Counsel. (35) Settlement Amount means the all-inclusive sum which includes the Avaulta Fund. the Align and Ajust Fund, the Special Circumstances Fund and the Notice and Administration Fund. (36) Special Circumstances Fund means the all-inclusive sum of $300,000 (three hundred thousand dollars Canadian).

14 Page 14 SECTION 3- APPROVAL AND NOTICE PROCESS 3.1 Certification and First Notice Motion (1) The Plaintiffs shall bring the First Notice motion on March 16, Subject to the content of the First Notice and the order sought in the First Notice motion being satisfactory to the Defendants acting reasonably, and for the purpose of this Agreement only. the Defendants will consent to the order being sought. (2) Class Counsel shall cause the First Notice to be published in accordance with the Plan of Notice set out at Schedule I or the directions of the Court and the costs of so doing shall be paid by the Defendants from the Notice and Administration Fund. 3.2 Approval Motion and Second Notice (1) After the granting of the First Notice motion, the Plaintiffs will bring the Approval Motions before the Court in accordance with the Court s directions. The Defendants will consent to the Approval Orders, subject to the content of the Approval Orders sought at the Approval Motions being satisfactory to the Defendants acting reasonably, and for the purposes of this Agreement only. (2) Upon the granting of the Approval Orders, Class Counsel shall cause the Second Notice to be published and disseminated in accordance with the Plan of Notice set out at Schedule 1 or as approved by the Court and the costs of so doing shall be paid from the Notice and Administration Fund. 3.3 Notice of Termination (1) If this Agreement is terminated after the First Notice has been published and disseminated, a notice of the termination will be given to the Classes. Class Counsel will

15 Page 15 cause the notice of termination, in a form approved by the Court, to be published and disseminated as the Court directs. The Claims Administrator and Class Counsel shall be entitled to be reimbursed for their reasonable costs incurred pursuant to this provision from the notice expenses advanced pursuant to Section 3.1(2). In the case of Class Counsel this only applies to the cost of actual disbursements incurred in implementing this settlement. 3.4 Report to the Court (1) After publication and dissemination of each of the notices required by this Section, Class Counsel shall file with the Court an affidavit confirming publication and dissemination. SECTION 4- THE SETTLEMENT BENEFITS 4.1 Payment of Settlement Amount (1) Within 30 (thirty) days after the Effective Date, the Defendants shall cause the Settlement Amount to be paid into the Settlement Account. (2) Payment of the Settlement Amount in accordance with Section 4.1(1) shall be the only liability of the Defendants under this settlement. For greater certainty, in no event shall the Defendants be responsible for any claims, subrogated claims, costs of notice, administration expenses, Class Counsel Fees, legal fees or disbursements of other counsel affiliated with Class Counsel, taxes, payments to the Class Proceedings Fund or any other liability in connection with the settlement, all of which shall be payable from the Settlement Amount or by Class Counsel.

16 Page 16 (3) Class Counsel shall account to the Court and the Defendants for all payments it makes from the Settlement Account. (4) Any dispute concerning the entitlement to or quantum of expense incurred by Class Counsel and/or the Claims Administrator shall be dealt with by a motion to the Court on notice to the parties. 4.2 Settlement Amount to be held in Trust (1) Class Counsel shall hold the Settlement Amount in trust and in the Settlement Account and shall not pay out any amount from the Settlement Account, except in accordance with the terms of this Agreement, or pursuant to an order of the Court made on notice to the parties. 4.3 Taxes on Interest (1) All taxes payable on any interest which accrues in relation to the Settlement Amount shall be the responsibility of the Classes and shall be paid by Class Counsel, as appropriate, from the Settlement Amount, or by the Classes as Class Counsel considers appropriate. SECTION 5 - NO REVERSION (1) The Defendants shall not, under any circumstances, be entitled to the repayment of any portion of the Settlement Amount once it has been paid into the Settlement Account, unless the Defendants exercise their right to terminate. In the event of termination, the entirety of the Settlement Amount, less the Notice and Administration Fund spent as of the date of termination, shall be refunded to the Defendants.

17 Page 17 SECTION 6- DISTRIBUTION OF THE SETTLEMENT AMOUNT (1) After the Effective Date, and once the Defendants have made the payment provided for in Section 4.1(1), Class Counsel shall distribute the Settlement Amount to make the following payments: (a) to pay Class Counsel Fees from the appropriate account as approved by the Court; (b) to pay, out of the Notice and Administration Fund, all of the costs and expenses reasonably and actually incurred in connection with the provision of the First Notice and the Second Notice, locating Class Members for the sole purpose of providing notice to them and providing them with a Claim Form, to the extent that such expenses have not been covered by any advance for notice expenses already paid by the Defendants to Class Counsel in accordance with Section 3.1(2); (c) to pay all of the costs and expenses of the Claims Administrator out of the Notice and Administration Fund; (d) to pay any taxes required by law to be paid to any governmental authority out of the appropriate account; and (e) to pay the remaining balance of the Avaulta Fund, the Align and Ajust Fund and the Special Circumstances Fund as approved by the Court on the application of Class Counsel, to the Class Members in proportion to

18 Page 18 the settlement points value assigned to each Class Member s claim in accordance vith the Claims Administration Procedures. SECTION 7- EFFECT OF SETTLEMENT 7.1 %o Admission of Liability (1) Neither this Agreement nor anything contained herein shall be interpreted as a concession or admission of wrongdoing or liability by the Releasees, or as a concession or admission by the Releasees of the truthfulness of any claim or allegation asserted in this Action. Neither this Agreement nor anything contained herein shall be used or construed as an admission by the Releasees of any fault, omission, liability or wrongdoing in connection with any Covered Product or any statement or non-statement with respect to any Covered Product, or otherwise, and in fact the Defendants continue to vigorously dispute and contest the allegations made in this Action. 7.2 Agreement Not Evidence (1) Neither this Agreement. nor anything contained herein, or in any schedule hereto nor any of the negotiations or proceedings connected with it, nor any related document, nor any other action taken to carry out this Agreement shall be referred to, offered as evidence or received in evidence in any pending or future civil, criminal, quasi-criminal, administrative or disciplinary action or proceeding. (2) Notwithstanding section 7.2(1). this Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Agreement. in a proceeding to approve or enforce this Agreement. or to defend against

19 Page 19 the assertion of Released Claims, or as otherwise required by law or agreed to by the parties. 7.3 Best Efforts (1) The parties shall use their best efforts to implement the terms of this Agreement in an expeditious fashion. The parties agree to hold in abeyance all steps in the Action against the Defendants other than proceedings provided for in this Agreement, until the date the settlement becomes final or the termination of this Agreement. whichever occurs first. SECTION 8- CERTIFICATION FOR SETTLEMENT ONLY 8.1 Consent to Certification (I) Pursuant to sections 2. 5 and 6 of the CPA. the Defendants will consent to the certification of two separate classes for the purpose of settlement only. (2) The parties agree that the only classes that the Plaintiffs will seek to certify are the Avaulta Class and the Align and Ajust Class, or such minor variation as the Court may direct. 8.2 Certification Without Prejudice (1) The parties agree that the certification of this Action as two separate classes in accordance with Section 8.1 hereof is for the sole purpose of effecting the settlement. In the event this Agreement is terminated as provided herein, the certification orders will be vacated or set aside as set out herein, and shall be without prejudice to any position that any of the parties may later take on any issue in the Action including in a subsequent certification motion. Particularly, the fact of the Defendants consent to certification for

20 Page 20 settlement purposes shall not be referenced in any way in the further prosecution of the Action, nor shall such consent be deemed to be an admission by any Defendant that the Plaintiffs have met any of the requisite criteria for certification of the Action as a class proceeding. SECTION 9- OPTING OUT 9.1 Opt-Out Procedure (1) Each Class Member who wishes to exclude him or herself from either the Avaulta Class or the Align and Ajust Class must submit a properly completed Opt-Out Form along with all required supporting documents to Class Counsel on or before the Opt-Out Deadline. (2) In order to remedy any deficiency in the completion of the Opt-Out Form, Class Counsel may require and request that additional information be submitted by a Class Member who submits an Opt-Out Form. (3) If a Class Member fails to submit a properly completed Opt-Out Form and/or all required supporting documents to Class Counsel, or fails to cure any deficiency by the Opt-Out Deadline, the Class Member shall not have opted-out of the Action, subject to any order of the Court to the contrary, and will in all other respects be subject to, and bound by, the provisions of this Agreement and the releases contained herein. (4) Opt-out parties will be excluded from any and all rights and obligations arising from the settlement. Class Members who do not opt-out shall be bound by the settlement and the terms of this Agreement regardless of whether the Class Member files a Claim Form or receives compensation.

21 Page 2 (5) Class Counsel agree to use their best efforts to ensure that Class Members who have contacted Class Counsel in the course of the Action do not opt-out of the Class. 9.2 Notification of Number of Opt-Outs (1) Within 15 (fifteen) days after the Opt-Out Deadline, Class Counsel shall report to the Court and the parties with the number of Opt-Out Parties in both the Avaulta Class and the Align and Ajust Class and a summary of the information delivered by each person that is opting-out. (2) Class Counsel shall also provide to the Defendants copies of all Opt-Out Forms for both the Avaulta Class and the Align and Ajust Class. SECTION 10- TERMINATION OF THIS AGREEMENT 10.1 General (1) This Agreement shall, without notice, be automatically terminated if: (a) orders substantially in the form of the Approval Orders attached as Schedules E and F hereto are not granted by the Court; or (b) one or both of the Approval Orders are reversed on appeal and the reversal becomes a Final Order. (2) This Agreement shall, with notice to the Plaintiffs, be terminated if the Defendants elect to terminate this Agreement in accordance Section (3) in the event this Agreement is terminated in accordance with its terms:

22 Page 22 (a) the Plaintiffs and the Defendants will be restored to their respective positions prior to the execution of this Agreement; (b) the Plaintiffs and the Defendants will consent to an order vacating or setting aside any order certifying these Classes for the purposes of implementing this Agreement and such order shall include a declaration that the prior consent certification of this Action for settlement purposes shall not be deemed to be an admission by the Defendants that the Action met any of the criteria for certification as a class action, and no party to this Action or other person may rely upon the fact of the prior consent certification order for any purpose whatsoever; (c) this Agreement will have no further force and effect and will not affect the rights of the Plaintiffs or the Defendants except as specifically provided for herein; (d) all statutes of limitation applicable to the Class Members who have not opted out shall commence running on the day on which the orders contemplated by Section lo.3(1)(b) are entered; (e) this Agreement and the consent certification order will not be introduced into evidence or otherwise referred to in any litigation against the Defendants.

23 Page 23 (4) Notwithstanding the provisions of Section 10.1(3)(c), if this Agreement is terminated, the provisions of this Section 10 and Sections 1, 2, 4.2, 4.3, 7.1, 7.2, 8.2, and 15.4 shall survive termination and shall continue in full force and effect Effect of Exceeding the Opt-Out Threshold, Conditions Precedent and Right to Terminate (1) Notwithstanding any other provision in this Agreement, the Defendants in their sole discretion, may elect to terminate this Agreement if the total number of opt-outs exceeds the Opt-Out Threshold, provided that their election is made within 30 (thirty) days of Class Counsel notifying the Defendants of the number of opt-outs pursuant to Section 9.2 and providing them with the information specified in Section 9.2, after which date their right to terminate this Agreement will have expired. (2) The right of termination provided in Section 10.2(1) shall be effected only in the event that the Defendants elect to terminate in accordance with the terms of that provision. (3) If the Opt-Out Threshold is not exceeded, the Defendants right to terminate this Agreement pursuant to the provisions of this Section is inoperative and of no force or effect. (4) The Opt-Out Threshold is set out in the Collateral Agreement. The Collateral Agreement shall be kept confidential by the parties and their counsel, and may be shown to the Court but shall not be otherwise disclosed, unless disclosure is ordered by the Court.

24 Page Procedure Following Termination (1) If this Agreement is terminated, the Defendants shall, within 30 (thirty) days after termination, apply to the Court, on notice to the Plaintiffs, for an order: (a) declaring this Agreement null and void and of no force or effect except for the provisions of those Sections listed in Section 10.1(4); and (b) setting aside any order that has been made certifying the Action as a class proceeding for the purposes of implementing this Agreement; and (2) Subject to Section 10.4, the parties shall consent to the orders sought in any motion made by the Defendants pursuant to Section 10.3(1) Disputes Relating to Termination (I) If there is any dispute about the termination of this Agreement, the Court shall determine such dispute by motion made by a party on notice to the other parties. SECTION 11- DETERMINATION THAT THE SETTLEMENT IS FiNAL (1) The settlement shall be considered final on the Effective Date. SECTION 12- RELEASES AND JURISDICTION OF THE COURT 12.1 Release of Releasees (1) As of the Effective Date the Releasors forever and absolutely release, waive and forever discharge the Releasees from the Released Claims No Further Claims (1) As of the Effective Date, the Releasors shall not institute, continue, maintain or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf

25 Page 25 or on behalf of any class or any other person, any manner of claim, demand, action, suit, cause of action, or demand against any Releasee or any other person who may claim contribution or indemnity from any Releasee in respect of any Released Claim or any matter related thereto Dismissal of the Action against the Defendants (1) Except as otherwise provided in this Agreement and the Approval Orders, this Action, along with the parallel actions in Alberta (Boschman v Bard Canada Inc., Court File No ) and Saskatchewan (Maximovich v Bard Canada Inc., Court File No. Q.B of 2013 and Dinsdale v Bard Canada Inc., Court File No. QBG ) shall be dismissed, without costs and with prejudice. SECTION 13- ADMINISTRATION 13.1 Appointment of the Claims Administrator (1) The Claims Administrator will distribute the Avaulta Fund, the Align and Ajust Fund and the Special Circumstances Fund in full in accordance with the Claims Administration Procedures, and implement this Agreement on the terms and conditions and with the powers, rights, duties and responsibilities set out in this Agreement and in the Claims Administration Procedures. (2) The Defendants agree that RicePoint Administration Inc. will be appointed as the Claims Administrator to allocate the settlement funds pursuant to Schedule A to this Agreement.

26 Page Claims Process (1) In order to seek payment from either the Avaulta Fund. the Align and Ajust Fund or the Special Circumstances Fund, a Class Member must submit a completed Claim Form to Class Counsel, in accordance with the provisions of the Claims Administration Procedures. on or before the Claims Bar Deadline. Class Members shall be bound by the terms of the settlement regardless of whether they submit a completed Claim Form or receive payment. Class Counsel will present all claims to the Claims Administrator for approval payment in accordance with Schedule A. (2) In order to remedy any deficiency in the completion of a Claim Form, Class Counsel may require and request that additional information be submitted by a Class Member who submits a Claim Form. Such Class Members shall have until the later of the Claims Bar Deadline or 30 (thirty) days from the date of the request from Class Counsel to rectify the deficiency. Any person who does not respond to such a request for information within this period shall be forever barred from receiving any payments pursuant to the Settlement, subject to any order of the Court to the contrary, but will in all other respects be subject to, and bound by. the provisions of this Agreement and the releases contained herein. (3) By agreement between the Claims Administrator and Class Counsel, the Claims Bar Deadline may be extended. Class Counsel and the Claims Administrator shall extend the Claims Bar Deadline if. in their opinions, doing so will not adversely affect the efficient administration of the settlement and it is in the best interests of the Class to do so.

27 Page Disputes Concerning the Decisions of the Claims Administrator (1) In the event that a Class Member disputes her allocation, whether in whole or in part, the Class Member may appeal the decision to the Court only if notice of such an appeal is provided to the Claims Administrator within 30 (thirty) days from the earlier of the date that the Class Member was notified of the allocation or the date that the Class Member became aware of the decision. The appeal shall be conducted by written submission only and on the basis of the material submitted to the Claims Administrator. The decision of the Court will be final with no right of appeal Conclusion of the Administration (1) Following the Claims Bar Deadline, and in accordance with the terms of this Agreement, the Claims Administration Procedures, and such further approval or order of the Court as may be necessary, or as circumstances may require, Class Counsel shall distribute the Avaulta Fund, the Align and Ajust Fund and the Special Circumstances Fund to the Authorized Claimants. (2) No claims or appeals shall lie against Class Counsel or the Claims Administrator based on distributions made substantially in accordance with this Agreement, the Claims Administration Procedures, or with any other order or judgment of the Court. (3) If, after 180 (one-hundred and eighty) days from the date of distribution to the Authorized Claimants, there are surplus funds remaining that have not been distributed from the Avaulta Fund, the Align and Ajust Fund, the Special Circumstances Fund and/or the Notice and Administration Fund (whether by reason of tax refunds, un-cashed

28 Page 28 cheques or otherwise), Class Counsel shall distribute this amount on a pro-rata basis to the Authorized Claimants. (4) Upon the conclusion of the administration, but before distribution of any remaining funds as contemplated by Section 13.4(3), Class Counsel shall report to the Court on the administration and shall account for all monies it has received, administered and proposes to distribute in accordance with this Agreement and the Claims Administration Procedures. SECTION 14- THE FEE AGREEMENT AND CLASS COUNSEL FEES 14.1 Motion for Approval of Class Counsel Fees (1) At the hearing of the Approval Motions, Class Counsel may seek the approval of Class Counsel Fees to be paid from the appropriate account. (2) The Defendants acknowledge that they are not parties to the motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to the Court concerning Class Counsel Fees, except as requested by the Court. (3) The procedure for, and the allowance or disallowance by the Court of any requests for Class Counsel Fees, are not part of the settlement provided for herein, except as expressly provided in Section 6, and may be considered by the Court separately from its consideration of the fairness, reasonableness, and adequacy of the settlement provided for herein.

29 Page 29 (4) Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders and the settlement of this Action provided herein Pament of Class Counsel Fees (1) After the Effective Date, and once the Defendants have paid the Settlement Amount into the Settlement Account, Class Counsel may withdraw and hold in trust the Class Counsel Fees approved by the Court from the Settlement Account until the termination date has passed and all dates to file appeals have been concluded. SECTION 15- MISCELLANEOUS 15.1 Motions for Directions (1) Any one or more of the parties, Class Counsel or the Claims Administrator may apply to the Court for directions in respect of any matter in relation to this Agreement and the Claims Administration Procedures. (2) All motions contemplated by this Agreement shall be on notice to the parties Defendants Have No Responsibility or Liability for Administration (1) Except in respect of the performance of the obligations under Sections 3.1(2) and 4.1. the Defendants shall have no responsibility for and no liability whatsoever with respect to the administration or implementation of this Agreement and the Claims Administration Procedures, including, without limitation, the processing and payment of claims by Class Counsel.

30 Page Headings, etc. (1) In this Agreement: (a) the division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement; (b) the terms this Agreement, herein, hereto and similar expressions refer to this agreement and not to any particular Section or other portion of this agreement; (c) all amounts referred to are in the lawful currency of Canada; and (d) person means any legal entity including, but not limited to, individuals, corporations, sole proprietorships, general or limited partnerships, limited liability partnerships or limited liability companies. (2) Timelines in this Agreement will be calculated pursuant to the Rules of Civil Procedure RRO 1990, Reg Governing Law (1) This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario. (2) The parties agree that the Court shall retain exclusive and continuing jurisdiction over the Action, the parties and Class Members to interpret and enforce the terms, conditions and obligations under this Agreement and the Approval Orders.

31 Page 3 I 15.5 Severability (1) Any provision hereof that is held to be inoperative, unenforceable or invalid in any jurisdiction shall be severable from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law Entire Agreement (1) This Agreement and the Collateral Agreement constitutes the entire agreement among the parties and supersedes all prior and contemporaneous understandings, undertakings. negotiations. representations, promises. agreements, agreements in principle and memoranda of understanding in connection herewith. None of the parties will be bound by any prior obligations, conditions or representations with respect to the subject matter of this Agreement, unless expressly incorporated herein. This Agreement may not be modified or amended except in writing and on consent of all parties and any such modification or amendment must be approved by the Court Binding Effect (1) If this Agreement is approved by the Court and becomes final as contemplated in Section 11, this Agreement shall be binding upon, and enure to the benefit of, the Plaintiffs, the Class Members, the Defendants, the Releasees, the Releasors, and all of their respective heirs. executors. predecessors, successors and assigns. Without limiting the generality of the foregoing. each and every covenant and agreement made herein by the Plaintiffs shall be binding upon all Releasors and each and every covenant and agreement made herein by the Defendants shall be binding upon all of the Releasees.

32 Page Survival (I) The representations and warranties contained in this Agreement shall survive its execution and implementation Negotiated Agreement (I) This Agreement and the underlying settlement have been the subject of armslength negotiations and many discussions among the undersigned. The final Agreement is the input of both parties. In any event, each of the undersigned has been represented and advised by competent counsel. so that any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafters of this Agreement shall have no force and effect. The parties further agree that the language contained in or not contained in previous drafts of this Agreement, or any agreement in principle, shall have no bearing upon the proper interpretation of this Agreement Recitals (1) The recitals to this Agreement are material and integral parts hereof and are fully incorporated into, and form part of, this Agreement Acknowledgements (1) Each party hereby affirms and acknowledges that: (a) he. she or its representative has the authority to bind the party with respect to the matters set forth herein; (b) the terms of this Agreement and the effects thereof have been fully explained to him, her or its representative by his, her or its counsel;

33 Page 33 (c) he, she or its representative has read and fully understands each term of this Agreement and its effect Authorized Signatures (1) Each of the undersigned represents that he or she is fully authorized to enter into the terms and conditions of, and to execute, this Agreement on behalf of the party for whom he or she is signing Counterparts (1) This Agreement may be executed in counterparts, all of which taken together will be deemed to constitute one and the same agreement, and a facsimile signature shall be deemed an original signature for purposes of executing this Agreement Confidentiality and Communications (1) The parties obligations under this Section shall not prevent them, or any of them, from reporting to their clients, from complying with any order of the Court, or from making any disclosure or comment required by this Agreement, or from making any necessary disclosure or comment for the purposes of any applicable securities or tax legislation or from making any disclosure or comment to Class Members or the Court. (2) Without limiting the generality of the foregoing, the parties specifically agree that they will not make any public statements, comment or any communication of any kind about any negotiations or information exchanged as part of the settlement process. In addition, to the extent that there is public discussion of, comment on or communication of any kind about this Agreement, the parties and their counsel agree and undertake to describe the Agreement as fair, reasonable and in the best interests of the Class.

34 Page Notice (1) Any notice, instruction, motion for Court approval or motion for directions or Court orders sought in connection with this Agreement or any other report or document to be given by any party to any other party shall be in writing and delivered personally, by facsimile or during normal business hours, or sent by registered or certified mail, or courier postage paid. addressed as follows: For the Plaintiffs or Class Counsel: Michael Peerless Matthew Baer McKENZIE LAKE LLP 140 Fullarton Street Suite 1800 London, ON N6A 5P2 Tel: Fax: baermckenzielake.com Lawyers for the Plaintiffs For the Defendants: Michael A. Eizenga BENNETT JONES LLP Barristers and Solicitors 3400 One First Canadian Place, Toronto, ON M5X 1A4 Tel: Fax: eizengam,bennettjones.com Lawyer for the Defendants

35 Page 35 The Parties have executed this Agreement as of the date on the cover page. For Donna OBrien, Adam Pearce, Elizabeth Burden and Bruce Burden By Per: Michael Peerless For Bard Canada Inc., C.R, Bard, Inc., and Bard By Bennett Jones Per: Michael A.

36 Page 36 SCHEDULES Schedule A : Schedule B : Schedule C : Schedule D : Schedule E : Schedule F : Schedule eg: Schedule H : Schedule I : Schedule J : Claims Administration Procedures First Notice Order Long Form Notice of Settlement Approval Hearing Short Form Notice of Settlement Approval Hearing Approval Order Approval Order Long Form Notice of Settlement Short Form Notice of Settlement Plan of Notice Opt Out Form

37 SCHEDULE A CLAIMS ADMINISTRATION PROCEDURES These procedures are for the administration of the Bard Surgical Mesh Settlement Agreement including the submission, processing, approval, compensation, and appeal of individual claims. The procedures shall be implemented by Class Counsel and the Claims Administrator, subject to the ongoing authority and supervision of the Court. Class Counsel and/or the Claims Administrator may adopt additional policies and procedures for the administration of the Settlement Agreement that are consistent with the Settlement Agreement and the orders of the Court. All capitalized terms not defined in these Claims Administration Procedures are intended to have the meaning ascribed to them in the Settlement Agreement. A. ADMINISTRATION OF SETTLEMENT FUNDS Following appointment by the Court, and at the time provided for in the Settlement Agreement, Class Counsel shall receive directly from the Defendants all settlement funds. Class Counsel shall invest the funds in accordance with s. 27 of the Trustee Act, R.S.O c.23, with all interest or other income on such funds being added to the monies in trust for the benefit of the Class Members and all costs and fees of the custodian and/or manager of the funds to be paid out of the interest or sole income on such funds. Class Counsel shall implement the Settlement Agreement so as to provide benefits to Authorized Claimants only, and in a timely manner designed to treat similarly situated claimants as uniformly and reasonably possible and to minimize to the extent reasonably possible the administration and other transaction costs associated with the implementation of the Settlement Agreement. Class Counsel shall provide to Defendants counsel: (a) (b) periodically, and no less than 21 days before any proposed distribution is made, a list of the persons whom the Claims Administrator has identified as Authorized Claimants and the claim level at which those persons have been approved; and reports on distributions made and monies remaining in trust. B. CLAIM FORMS AND CLAIM DEADLINE Eligibility under the Settlement Agreement requires proper completion and execution of the claim form developed by Class Counsel in consultation with Defendants counsel ( Claim Form ). Claimants must submit their Claim Form and medical documentation (collectively a Submission ) by the Claims Bar Deadline failing which those claimants may not share in any distribution. The Court will have jurisdiction to admit late claims as justice may require on the application of the late claimant.

38 -3 - C. MEDICAL DOCUMENTATION 1. Proof of Implantation and Injury/Points In order to qualify for compensation under the settlement, a Class Member must be found to fit within one of the categories below. Each Class Member shall be entitled to receive a proportion of the total funds available to provide compensation under the settlement that is equal to the ratio of the points assigned to that Class Member divided by the total number of points assigned to all Class Members under the settlement. Points shall be assigned based on the categorization of each individual Class Member s condition and circumstances. Every Claimant must demonstrate that they have one or more Eligible Bard Product implanted, as well as a medical record or records dated after implant of the Eligible Bard Product, showing that the claimant falls into one or more of the following three categories: Category Base Points Category 1 25 Category Category 33 4 For Claimants in Category 1, add 10 additional points for every additional revision surgery with respect to the Eligible Bard Product. A Claimant s point total is reduced by 50% if they were implanted with a non-bard pelvic mesh product before their documented complaint or revision surgery. 2. Points Awards to Eligible Derivative Claimants Spouses and Children under the age of 18 An Eligible Derivative Claimant that is (i) a spouse (including common law spouses and samesex spouses) of an Eligible Claimant at the date of the adverse event diagnosis or (ii) a child of an Eligible Claimant which child was under the age of 18 on the date of adverse event diagnosis shall receive Points equal to 6% of the Points awarded to the corresponding Eligible Claimant. 2 Category I: at least one revision surgery, defined as a surgical procedure performed under anesthesia to remove all or a portion of the eligible Bard product, release the arms of an eligible Bard product, excise or lyse scar tissue or scar bands at site of implant of an eligible Bard product, or explore the cause of a condition or symptom suspected by the treating medical providers to be caused by the implantation of an eligible Bard product. Category 2: one or more documented serious complaints (ex. erosion, extrusion, bulging) but no revision surgery. Category 3: one or more documented moderate complaints (ex. pelvic pain, urinary problems, vaginal discharge) but no revision surgery or serious complaints.

39 -39- Children of Eligible Product Users over the age of 18 An Eligible Derivative Claimant that is a child of an Eligible Claimant which child was 18 years of age or over on the date of the adverse event diagnosis shall receive a Points award equal to 2% of the Points awarded to such Eligible Claimant. Maximum Eligible Family Member Payments Per Family In the event that the aggregate number of Points that would be awarded to all Eligible Derivative Claimants with respect to any particular Eligible Claimant would exceed an amount equal to 20% of the number of Points awarded to such Eligible Claimant, the number of Points awarded to each such Eligible Derivative Claimant shall be pro-rated such that the aggregate number of Points actually awarded to all such Eligible Derivative Claimants with respect to such particular Eligible Claimant exactly equals an amount equal to 20% of the number of Points awarded to such EligibLe Claimant. 3. Payments to Provincial Health Insurers The provincial health insurers shall receive 15% of the monies in the Avaulta, AlignlAjust, and Contingency Funds. Payments to provincial health insurers to be distributed pro-rata based on product distribution by province. D. GENERAL CLAIMS PROCESSING GUIDELINES Class Counsel and the Claims Administrator shall process all claims in a costeffective and timely manner. 1. Technical Deficiencies (a) (b) If, during claims processing, Class Counsel or the Claims Administrator finds that technical deficiencies exist in a claimant s Claim Form or medical documentation that Class Counsel or the Claims Administrator determines precludes the proper processing of such claim, Class Counsel shall notify the claimant via regular mail of the technical deficiencies, and shall allow the claimant 30 (thirty) days from the mailing of such notice to correct the deficiencies. If the deficiencies are not corrected within the 30 (thirty) day period, Class Counsel or the Claims Administrator shall reject the claim. The claimant will have no further opportunity to correct the technical deficiency. Technical deficiencies referred to in Section D. 1(a) shall not include missing deadlines for submitting Claim Forms, or failing to file medical documentation to support the claim which has been made.

40 -40- E. NOTIFICATION OF CLAIM REVIEW Class Counsel shall notify a claimant of the final decision with respect to the disposition of their claims and the points for which the claimant is eligible via regular mail directed to their last mailing address provided by the claimant to the Administrator. F. APPEALS OF CLAIMS DECISIONS 1. Procedure (a) (b) (c) Claimants will be granted a 30 (thirty) day period from the date of mailing of such notification to appeal the classification or rejection of their claim (the Appeal Period ); All appeals will be on the basis of written submissions only, with reference only to material previously provided to Class Counsel in accordance with these claims Administration Procedures; and All appeals will be determined by the Court. 2. Final Decision The judgment of the Court respecting any appeal from the Claims Administrator s decision is final and binding and shall not be the subject of any further appeal or revision. 3. Expiration of Appeal Period At the expiration of the Appeal Period, Class Counsel may make interim payments to Class Members whose claims have been approved if the disposition of their claim has not been appealed. Class Counsel shall consider the potential value of any appealed and known late claims prior to making such interim payments, and shall reserve sufficient funds to pay disputed claims. 4. Final Payments Final payments to top up awards paid to Class Members where claims have been approved shall be reviewed as soon as practicable after the determination of the appeals, if any. G. MISCELLANEOUS 1. Timeliness of Submissions All Submissions by claimants to Class Counsel relating to a claim shall be made in paper form transmitted via regular mail or delivery by courier. All Submissions by mail shall be conclusively deemed to have been submitted to Class Counsel on the postmark date of such mail. All Submissions delivered to Class Counsel by overnight or other courier shall be conclusively deemed to have been submitted to Class Counsel on the date the Submissions were

41 -41- deposited with the overnight or other courier. These provisions shall determine the timeliness of any submissions to Class Counsel. Submissions to Class Counsel by any other means, including without limitation facsimile or electronic mail, shall not be considered timely unless such materials are also submitted to Class Counsel via mail or courier delivery by the Claims Bar Deadline (and any additional time period to rectify technical deficiencies, as provided for in Section D.1(a) above) Telephone Number and Address Class Counsel shall establish a toll-free telephone line and address for the assistance of Class Members and may devise such other means as Class Counsel deems appropriate to provide claimants with information on the status of their claims. 3. Correspondence with Class Members All written communications from Class Counsel to a Class Member shall be directed to the Class Member s legal counsel, if the Class Member is represented by counsel. Payments by Class Counsel to a represented claimant shall be made to the claimant s counsel in trust for the claimant. The claimant (and legal counsel to a represented claimant) shall be responsible for apprising Class Counsel of the claimant s and counsel s correct and current mailing address. Class Counsel shall have no responsibility for locating claimants for any returned mailing. Class Counsel shall have the discretion, but is not required, to reissue payments to claimants returned as undeliverable under such policies and procedures as Class Counsel deems appropriate. 4. Surplus Settlement Monies If within 180 (one hundred and eighty) days of the payments being issued to claimants from Class Counsel, a balance exists in the trust account as a result of returned or un cashed cheques, interest earned on the Settlement Amount and not allocated to claimants, or any other surplus monies, the balance in the trust account shall be distributed pro rata to Class Members at Class Counsel s discretion. 5. Legal Counsel to Claimants A claimant shall be considered to be represented by legal counsel in connection with a claim only if Class Counsel has received written notice signed by the claimant of the identity of the claimant s counsel. A claimant may discontinue such representation at any time by written notice to Class Counsel. 6. Preservation and Disposition of Claim Submissions Class Counsel shall preserve, in hard copy or electronic form, as Class Counsel deems appropriate, the submissions relating to a claim, until the termination of i (one) year after the last claim has been paid out and/or after any appeals have been dealt with and at such time shall dispose of the submissions by shredding or such other means as will render the materials permanently illegible.

42 Taxation of the Funds Class Counsel shall take all reasonable steps to minimize the imposition of taxes upon the monies in trust. and shall have the discretion to pay any taxes imposed on such monies out of the monies in trust. 8. Special Circumstances Fund The Special Circumstances Fund is designed to provide additional compensation to certain members of either class displaying conditions which, in the discretion of the Claims Administrator, merit such additional compensation.

43 ,, -43- SCHEDULE B FIRST NOTICE ORDER Court File No. 8067/12 CP ONTARIO SUPERIOR COURT OF JUSTICE THE HONOURABLE ) ) MR. JUSTICE PERELL ) DAY OF THE 2016 BETWEEN: DONNA O BRIEN and ADAM PEARCE Plaintiffs and BARD CANADA INC., C.R. BARD, INC. and BARD MEDICAL DIVISION Defendants Proceeding under the Class Proceedings Ac ORDER THIS MOTION, made by the Plaintiffs for an order, inter alia, approving the form of the notice that will advise class members of the hearings to approve the proposed settlement of this matter, as well as the manner of publication of such notice, was heard at the court house, 130 Queen Street West, Toronto, Ontario. advised that: ON READING the motion record of the Plaintiffs dated March 8, 2016, and upon being

44 -44- (a) The Plaintiffs and the Defendants, by their counsel, have entered into a Settlement Agreement (the Settlement Agreement ); (b) The Settlement Agreement seeks to resolve this Action and all the claims that were or could have been asserted in the Action against the Defendants, on the basis of two separate classes, certified for the purpose of settlement only; (c) The Defendants have consented to the terms of this Order; and (d) RicePoint Administration Inc. consents to being appointed as notice administrator to disseminate the First Notice pursuant to this Order; 2. THIS COURT ORDERS that the motions for settlement approval for this proceeding shall be heard on May 2, 2016, at 10:00 a.m., at the court house, 130 Queen Street West, Toronto, Ontario (the Approval Hearings ); 3. THIS COURT ORDERS that the form and content of the First Notice, substantially in the form attached as Schedule A (Short Form) and Schedule B (Long Form), is approved: 4. THIS COURT ORDERS that the proposed manner of publishing the First Notice as described in Schedule C is approved (the Notice Plan ): 5. THIS COURT DECLARES that the First Notice and the Notice Plan constitute fair and reasonable notice to the class of the Approval Hearings and of the right of class members to object to the settlements, and satisfy the requirements of sections 19 and 29 of the Class Proceedings Ac!, 1992;

45 THIS COURT ORDERS that RicePoint Administration Inc. is appointed as notice administrator to carry out the Notice Plan; 7. THIS COURT ORDERS that the First Notice shall be given to class members in the manner described in the Notice Plan as soon as practicable; 8. THIS COURT ORDERS that class members may submit to Class Counsel written objections to the approval of the Settlement Agreement before the deadline set out in the First Notice, and Class Counsel shall file all such submissions with the Court prior to the Approval Hearing. Class members (or their counsel) who do not properly file a written objection in a timely manner and indicate that they (or their counsel) intend to appear at the Approval Hearings may not be entitled to appear and raise any objection at the Approval Hearings, at the Court s discretion; and 9. THIS COURT ORDERS that Class Counsel shall provide copies of all objections received to counsel for the Defendants no later than 5 days prior to the Approval Hearings.

46 -46- DONNA O BRIEN and ADAM PEARCE anti others -and- BARD CANADA INC. and others Plaintiffs Defendants ONTARIO Court File No. 8067/12 CP SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO Proceeding under the Class Proceedings Act, 1992 MCKENZIE LAKE LLP ORDER 140 Fullarton Street Suite 1800 London. ON N6A 5P2 Michael J. Peerless (LSUC#: 34127P) Matthew D. Baer (LSUC#: 48227K) Telephone: (519) Facsimile: (519) Lawyers for the Plaintiffs

47 -47- SCHEDULE C LONG FORM NOTICE OF SETTLEMENT APPROVAL HEARINGS SURGICAL MESH (for the treatment of SUI and POP) CLASS ACTION NOTICE OF SETTLEMENT APPROVAL HEARINGS PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS To: All Canadian residents (excluding Quebec) who were implanted with surgical mesh with the brand name Avaulta, Align or Ajust (collectively referred to in this notice as the Products ) or their personal representatives, heirs, assigns and trustees, and any other residents of Canada asserting the right to sue the Defendants (defined below) by reason of their familial relationship with a Primary Claimant (defined below), including spouses, common law spouses, same-sex partners, as well as parents and children by birth, marriage or adoption. PURPOSE OF THIS The Products are surgical repair meshes designed, manufactured, NoTIcE distributed or sold in Canada by Bard Canada Inc., C.R. Bard, Inc. or Bard Medical Division (the Defendants ), which have been approved for use in Canada beginning in December In August 2012, a proposed class proceeding was commenced in Ontario relating to the alleged injuries of women implanted with certain Bard products indicated to treat stress urinary incontinence and pelvic organ prolapse. Bard denies the allegations in the lawsuit. In April 2015, the motion for certification as a class action was dismissed. Without any admission of liability or wrongdoing, Bard has agreed to settle certain claims. For the purposes of settlement only, claimants who were implanted with Avaulta and Align or Ajust products will be treated as two classes of claimants. The Avaulta class will include: (i) All persons resident in Canada (excluding Quebec) who were implanted with an Avaulta product 4 at any time on or before the date of the certification order (i.e. Primary Claimants), as well as the associated subrogated claims of the provincial health insurers; and (ii) All persons resident in Canada (excluding Quebec) who by virtue of a personal relationship to one or more of such persons Being an Avaulta Plus Posterior, an Avaulta Plus Anterior, an Avaulta Solo Posterior or an Avaulta Solo Anterior.

48 -48- described in (a) above, have standing in this action pursuant to section 61(1) of the Family Law Act, R.S.O, 1990, c. F.3, or equivalent legislation in a respective jurisdiction (i.e. Derivative Claimants). The Align and Ajust Class will include: (i) All persons resident in Canada (excluding Quebec) who were implanted with an Align and/or Ajust product 5 at any time on or before the date of the certification order (i.e. Primary Claimants) as well as the associated subrogated claims of the provincial health insurers; and (ii) All persons resident in Canada (excluding Quebec) who by virtue of a personal relationship to one or more of such persons described in (a) above, have standing in this action pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3, or equivalent legislation in a respective jurisdiction (i.e. Derivative Claimants). The following products are not included in the settlement classes. If you have questions about these products, you should contact class counsel: Pelvicol Acellular Collagen Matrix; PelviLace BioUrethral Support System; PelviLace TO Trans-obturator BioUrethral Support System; PelviSoft Acellular Collagen BioMesh; Uretex SUP Pubourethral Sling; Uretex TO Trans-Obturator Urethral Support System; Uretex TO3; Alyte Y-Mesh Graft. A Settlement Agreement has been reached that is subject to court approval relating to both classes. If you would like a copy of the Settlement Agreement, it is available at or can be obtained by contacting class counsel as listed below. This notice does not constitute medical advice. Patients who have had one of the Products surgically implanted should consult with their doctors if they have any questions with respect to their medical condition. APPROVAL OF In order for the Settlement Agreement to become effective, it must be THE SETTLEMENT approved by the court. Motions to approve the settlement of the Avaulta Class and the Align and Ajust Class will be heard by the Ontario Superior AGREEMENT Court of Justice in the City of Toronto on May 2, 2016 at 10:00 am. at Osgoode HaIl, 130 Queen Street West, Toronto Ontario. At these hearings, the court will determine whether the Settlement Agreement is fair, reasonable and in the best interests of class members. All timely filed written submissions from class members will be considered at this time. If you wish to comment or make an objection to the Settlement Agreement, you must deliver a written submission to class counsel at the address listed below by April 25, Class counsel will then forward such submissions to the court. If you support the settlement, you do not have to do anything at this time and further notice will be published following the settlement approval hearing. This further notice will contain ls of the procedure to be followedb class members makin claims Being an Align Urethral Support System, and Align TO Urethral Support System or an Ajust Single Incision Sling.

49 -49- for benefits. Should the Settlement Agreement receive final approval, further notices will be disseminated in various news media pursuant to the Settlement Agreement and published at Copies of the notices may also be obtained by contacting class counsel as listed below. DISTRIBUTION If the Settlement Agreement is approved by the court, a claims PROTOCOL administrator will determine if class members who timely submit proper claim documentation are eligible for settlement benefits. Primary Claimants in both the Avaulta Class and the Align and Ajust Class may be eligible to receive benefits based on several criteria which are outlined in the Settlement Agreement and Schedule A to the Settlement Agreement. Derivative Claimants are not entitled to receive benefits under the settlement. SUMMARY OF THE The Defendants, while not admitting liability, will pay $400,000 to SETTLEMENT settle the Avaulta Class, $1,550,000 to settle the Align and Ajust AGREEMENT Class, $ into a Special Circumstances fund, and $225,000 for notice and administration of the settlements. Patients who were surgically implanted with one of the Products and have suffered injuries as evidenced by their medical records may be entitled to benefits under the settlement. After deduction of all amounts provided for in the Settlement Agreement (including costs of providing notice, administration costs and class counsel fees), the remainder of the Settlement Amount will be distributed to eligible Primary Claimants based on a matrix specified in the Settlement Agreement. The matrix is intended to account for the unique individual conditions and circumstances of all eligible Primary Claimants. Until all eligible claims are submitted to Class Counsel, it is not possible to determine an estimate of the benefits that eligible Primary Claimants might receive. The timing and the process for filing a claim will be available in a further notice to be published after the Settlement Agreement is approved by the court. The Defendants have the unilateral right to terminate the Settlement Agreement if a certain number of class members optout of the settlement. The number of opt-outs that triggers the termination right will not be made public. Further details regarding the Settlement Agreement may be viewed at or by contacting class counsel as listed below. LEGAL FEES Class counsel will seek court approval of legal fees not to exceed 30% of the total settlement benefits plus disbursements and applicable taxes at the settlement approval hearing. The legal fees approved by the court will be paid as a first charge on the Settlement Amount. FURTHER For further information please contact class counsel as follows: INFORMATION Mckenzie Lake Lawyers LLP 140 Fullarton Street, Suite 1800 London, Ontario N6A 5P2

50 -50- Tel: Fax: Publication of this notice has been authorized by the Ontario Superior Court of Justice

51 -51- SCHEDULE D SHORT FORM NOTICE OF SETTLEMENT APPROVAL HEARING HAVE YOU HAD SURGERY TO London, Ontario TREAT STRESS URINARY Tel: N6A INCONTINENCE OR PELVIC ail: elake.com ORGAN PROLAPSE? IF YOU OR SOMEONE CLOSE TO YOU WAS IMPLANTED WITH SURGICAL MESH TO TREAT SUI OR POP WITH THE BRAND NAME AVAULTA, ALIGN OR AJUST (REFERRED TO IN THIS NOTICE AS THE PRODUCTS ), PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS OR THOSE OF INDIVIDUALS CLOSE TO YOU. 5P2 Publication of this notice OntarIo has been authorized Justice. Superior Court of by the In 2012, a in Ontario relating to women implanted with certain Bard to SUI Bard lawsuit. August commenced treat and POP proposed class proceeding was the alleged products indicated the denies the allegations In April 2015, motion for certification action was dismissed. Without has agreed settlement Products the any admission to only, will be settlement classes. products, settle certain claimants treated as products are as injuries of a in class of liability or wrongdoing, Bard claims. For of who were implanted with two of classes the purposes claimants. the The following not included in If you you Pelvicol Acellular Matrix; BioUrethral TO BioUrethral PelviSoft Acellular Collagen BioMesh; Uretex Sling; Uretex TO Urethral Uretex Alyte Y-Mesh Graft. the have questions about these should contact class counsel: Collagen PelviLace Support System; PelviLace Support System; T03; A all litigation in to court with injuries entitled to Trans-Obturator Trans-obturator SUP Pubourethral Support System; Settlement Agreement has been reached that settles implanted Canada approval. Patients one as evidenced the Products subject were the Products and have suffered relating to who of by settlement benefits. surgically medical records may If you or to you was surgically with of you review full legal notice in this to you your legal rights. A copy of full legal notice may be viewed or be by listed below. the one understand can someone close should immediately be implanted the Products matter the at obtained contacting counsel as ensure The settlement approval hearings have been scheduled 2016 the Queen Street West, the hearings, the court whether the Settlement Agreement the best interests for May 2. at 10:00 a.m. in Hall, 130 Ontario. At Osgoode and in All written prior to April 25, of submissions received 2016 class members. will settlement approval hearings. by be City of Toronto at Toronto, will is fair, counsel considered determine reasonable listed below at the Class counsel can be reached as follows: Mckenzie Lake Lawyers 140 Fullarton Street, Suite LLP 1800

52 SCHEDULE E APPROVAL ORDER Court File No. 8067/12 CP ONTARIO SUPERIOR COURT OF JUSTICE THE HONOURABLE ) THE MR. JUSTICE PERELL ) DAY OF 2016 ) B E T W E E N: DONNA O BRIEN and ADAM PEARCE Plaintiffs and BARD CANADA INC.. C.R. BARD, INC. and BARD MEDICAL DIVISION Proceeding under the Class Proceedings Act, 1992 Defendants ORDER THiS MOTION, made by the Plaintiffs for an order approving the settlement of the Avaulta Class in accordance with the Settlement Agreement dated March 8, 2016 attached to this Order as Schedule A (the Settlement Agreement ). and dismissing the Action was heard this day at the court house, 130 Queen Street West, Toronto, Ontario. ON READING the materials filed, including the Settlement Agreement. and on hearing the submissions of counsel for the Plaintiffs and the Defendants,

53 THIS COURT DECLARES that for the purposes of this Order the definitions set out in the Settlement Agreement apply to and are incorporated into this Order; 2. THIS COURT ORDERS that a class of claimants, as defined below, be certified pursuant to the Class Proceedings Act. 1992, SO 1992 c 6 (the CPA). for the purposes of settlement only; (i) All persons resident in Canada (excluding Quebec) who were implanted with an Avaulta product associated subrogated claims of the provincial health insurers; and 6 at any time on or before the date of the certification order, as well as the (ii) All persons resident in Canada (excluding Quebec) who by virtue of a personal relationship to one or more of such persons described in (a) above, have standing in this action pursuant to section legislation in a respective jurisdiction. 6 1(1) of the Famili Law Act. R.S.O. 1990, c. F.3. or equivalent 3. THIS COURT ORDERS that Elizabeth and Bruce Burden are hereby appointed as representative plaintiffs of the Avaulta Class for the purpose of settlement only; 4. THIS COURT ORDERS that the Action is certified for the purpose of settlement only on the basis of the following common issue: Did the defendants breach a duty of care owed to the class by marketing and distributing or otherwise dealing with the Avaulta products in Canada? 5. THIS COURT DECLARES that the settlement as set forth in the Settlement Agreement is fair, reasonable and in the best interests of the Class Members; 6. THiS COURT ORDERS that the settlement of this Action on the terms set forth in the Settlement Agreement be and is hereby approved pursuant to section 29 of the CPA: 6 Being an Avaulta Plus Posterior, an Avaulta Plus Anterior, an Avaulta Solo Posterior or an Avaulta Solo Anterior.

54 THIS COURT ORDERS that the Settlement Agreement in its entirety (including its preambles, recitals, schedules and definitions) forms part of this Order, and has the full force and effect of an order of this Court; 8. THIS COURT ORDERS that the Settlement Agreement shall be implemented in accordance with its terms and is valid and binding on the Plaintiffs, Class Members and Defendants, including persons who are minors or under a disability, as defined in the Rules of Civil Procedure ( Rules ); 9. THIS COURT ORDERS that the need for service or notice of this or any further or subsequent steps in this Action on the Office of the Children s Lawyer or the Public Guardian and Trustee, as well as all other requirements in Rule 7 of the Rules, are hereby dispensed with; 10. THIS COURT ORDERS that the form and content of the Second Notice. substantially in the form attached as Schedule B (Short Form) and Schedule C (Long Form) are approved; 11. THIS COURT ORDERS that the proposed manner of publishing the Second Notice as described in Schedule D is approved (the Notice Plan ); 12. THIS COURT DECLARES that the Second Notice and the Notice Plan constitute fair and reasonable notice to the Class of the approval of the settlement, of the right of Class Members to opt-out of the settlement, and of procedures by which Class Members may make a claim for benefits under the settlement, and satisfy the requirements of sections 19 and 29 of the CPA: 13. THIS COURT ORDERS that RicePoint Administration Inc. is appointed as notice advisor to carry out the Notice Plan;

55 14. THIS COURT ORDERS that RicePoint Administration Inc. is appointed as claims administrator: 15. THIS COURT ORDERS that any person who wishes to exclude him, her or itself from the Avaulta Class must do so by submitting to Class Counsel an Opt-Out Form, together with the information required by the Opt-Out Form, postmarked on or before the date that is sixty (60) days from the date of the first publication of the Second Notice (the Opt-Out Deadline ); 16. THIS COURT ORDERS that any person who validly excludes him, her or itself from the Avaulta Class in accordance with paragraph 15 of this Order. is not bound by the Settlement Agreement and shall no longer participate or have the opportunity in the future to participate in the settlement of the Avaulta Class; 17. THIS COURT ORDERS that any person who is a member of the Avaulta Class and who does not validly exclude him. her or itself from the Avaulta Class in accordance with paragraph 15 of this Order on or prior to the Opt-Out Deadline will be bound by the Settlement Agreement, including the releases contained therein, and may not exclude him, her or itself from the Avaulta Class in the future, whether or not a claim for benefits under the Settlement Agreement is submitted by that person. 18. THIS COURT ORDERS that the form and content of the Opt-Out Form, substantially in the form attached as Schedule E. is approved. 19. THIS COURT ORDERS that this Order constitutes the full and final resolution of all claims and liabilities connected with any conduct by the Releasees prior to the close of the Class Period concerning the alleged damages from the use of the Covered Products;

56 THIS COURT ORDERS that each Plaintiff, and all other Releasors (as defined in the Settlement Agreement and which includes any one or more of them), shall be deemed to have and does hereby release, waive and forever discharge each Releasee from any and all Released Claims, as set out in Section 12 of the Settlement Agreement; 21. THIS COURT ORDERS that the Releasors are forever barred and enjoined from directly or indirectly instituting. continuing, maintaining, asserting, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any manner of claim, demand, action, suit, cause of action, or demand against any Releasee or any other person who may claim contribution or indemnity from any Releasee in respect of any Released Claim or any matter related thereto: 22. THIS COURT ORDERS that RicePoint Administration Inc. together with Class Counsel shall administer the settlement in accordance with the Settlement Agreement; 23. THIS COURT ORDERS that Class Counsel shall provide a report at the conclusion of the administration of the claims process, accounting for all monies it has received or administered under the settlement, and detailing all monies it proposes to distribute to Authorized Claimants; 24. THIS COURT ORDERS AND DECLARES that the Defendants have no liability whatsoever with respect to the administration of the Settlement Agreement; 25. THIS COURT ORDERS that if the Settlement Agreement is terminated in accordance with its terms, then, without restricting the application of the provisions of the Settlement Agreement:

57 -57- (a) this Order shall be set aside and be of no further force or effect; and (b) all negotiations, statements and proceedings relating to the Settlement Agreement shall be deemed to be without prejudice to the rights of the parties, and the parties shall be deemed to be resorted to their respective positions existing immediately before the Settlement Agreement was executed. 26. THIS COURT ORDERS that for the purposes of enforcement of this Order, Justice Perell, or if he is unavailable, another judge of this Court, will retain jurisdiction, and the Defendants and all members of the class certified by this Court attom to the jurisdiction of this Court for these purposes; and 27. THIS COURT ORDERS AND ADJUDGES that, upon the occurrence of the Effective Date, this Action shall be and is hereby dismissed without costs and with prejudice.

58 -58- DONNA O BRIEN AND ADAM PEARCE and others -and- BARD CANADA INC. and others Plaintiffi Deténdants Court File No. 8067/12 CP ONTA RIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO Proceeding under the Class Proceedings Act, 1992 MCKENZIE LAKE LLP ORDER 140 Fullarton Street Suite 1800 London. ON N6A 5P2 Michael J. Peerless (LSUC#: 34127P) Matthew D. Baer (LSUC#: 48227K) Telephone: (5 19) Facsimile: (519) Lawyers for the Plaintilis

59 , SCHEDULE F APPROVAL ORDER Court File No. 8067/12 CP ONTARIO SUPERIOR COURT OF JUSTICE THE HONOURABLE MR. JUSTICE PERELL ) ) ) DAY OF THE 2016 B E T W E E N: DONNA OBRJEN and ADAM PEARCE Plaintiffs and BARD CANADA INC., C.R. BARD. INC. and BARD MEDICAL DIVISION Defendants Proceeding under the Class Proceedings Act, 1992 ORDER THIS MOTION, made by the Plaintiffs for an order approving the settlement of the Align and Ajust Class in accordance with the Settlement Agreement dated March 8, 2016 attached to this Order as Schedule A (the Sett1ement Agreement ), and dismissing the Action was heard this day at the court house, 130 Queen Street West, Toronto. Ontario. ON READING the materials filed, including the Settlement Agreement, and on hearing the submissions of counsel for the Plaintiffs and the Defendants,

60 THIS COURT DECLARES that for the purposes of this Order the definitions set out in the Settlement Agreement apply to and are incorporated into this Order; 2. THIS COURT ORDERS that a class of claimants, as defined below, be certified pursuant to the Class Proceedings Act, 1992, SO 1992 c 6 (the cpa ), for the purposes of settlement only: (i) All persons resident in Canada (excluding Quebec) who were implanted with an Align and/or Ajust product 7 at any time on or before the date of the certification order. as well as the associated subrogated claims of the provincial health insurers: and (ii) All persons resident in Canada (excluding Quebec) who by virtue of a personal relationship to one or more of such persons described in (a) above, have standing in this action pursuant to section 61(1) of the Family Law Act. R.S.O c. F.3, or equivalent legislation in a respective jurisdiction. 3. THIS COURT ORDERS that Donna O Brien and Adam Pearce are hereby appointed as representative plaintiff of the Align and Ajust Class for the purpose of settlement only; 4. THIS COURT ORDERS that the Action is certified for the purpose of settlement only on the basis of the following common issue: Did the Defendants breach a duty of care owed to the class by marketing and distributing or otherwise dealing with the Align products in Canada? 5. THIS COURT DECLARES that the settlement as set forth in the Settlement Agreement is fair, reasonable and in the best interests of the Class Members; Being an Align Urethral Support System, and Align TO Urethral Support System or an Ajust Single Incision Sling.

61 THIS COURT ORDERS that the settlement of this Action on the terms set forth in the Settlement Agreement be and is hereby approved pursuant to section 29 of the CPA: 7. THIS COURT ORDERS that the Settlement Agreement in its entirety (including its preambles. recitals. schedules and definitions) forms part of this Order, and has the full force and etiect of an order of this Court; 8. THIS COURT ORDERS that the Settlement Agreement shall be implemented in accordance with its terms and is valid and binding on the Plaintiffs, Class Members and Defendants, including persons who are minors or under a disability, as defined in the Rules of Civil Procedure ( Ru!es ); 9. THIS COURT ORDERS that the need for service or notice of this or any further or subsequent steps in this Action on the Office of the Children s Lawyer or the Public Guardian and Trustee, as well as all other requirements in Rule 7 of the Rules, are hereby dispensed with; 10. THIS COURT ORDERS that the tbrm and content of the Second Notice, substantially in the form attached as Schedule B (Short Form) and Schedule C (Long Form) are approved; 11. THIS COURT ORDERS that the proposed manner of publishing the Second Notice as described in Schedule D is approved (the Notice Plan ); 12. THIS COURT DECLARES that the Second Notice and the Notice Plan constitute fair and reasonable notice to the Class of the approval of the settlement. of the right of Class Members to opt-out of the settlement, and of procedures by which Class

62 -62- Members may make a claim for benefits under the settlement, and satisfy the requirements of sections 19 and 29 of the CPA; 13. THIS COURT ORDERS that RicePoint Administration Inc. is appointed as notice advisor to carry out the Notice Plan; 14. THIS COURT ORDERS that RicePoint Administration Inc. is appointed as claims administrator; 15. THIS COURT ORDERS that any person who wishes to exclude him. her or itself from the Align and Ajust Class must do so by submitting to Class Counsel an Opt- Out Form, together with the information required by the Opt-Out Form, postmarked on or before the date that is sixty (60) days from the date of the first publication of the Second Notice (the Opt-Out Deadline ); 16. THIS COURT ORDERS that any person who validly excludes him, her or itself from the Align and Ajust Class in accordance with paragraph 15 of this Order, is not bound by the Settlement Agreement and shall no longer participate or have the opportunity in the future to participate in the settlement of the Align and Ajust Class: 17. THIS COURT ORDERS that any person who is a member of the Align and Ajust Class and who does not validly exclude him, her or itself from the Align and Ajust Class in accordance with paragraph 15 of this Order on or prior to the Opt-Out Deadline will be boand by the Settlement Agreement. including the releases contained therein, and may not exclude him, her or itself from the Align and Ajust Class in the future. whether or not a claim for benefits under the Settlement Agreement is submitted by that person.

63 18. THIS COURT ORDERS that the form and content of the Opt-Out Form. substantially in the form attached as Schedule E, is approved. 19. THIS COURT ORDERS that this Order constitutes the full and final resolution of all claims and liabilities connected with any conduct by the Releasees prior to the close of the Class Period concerning the alleged damages from the use of the Covered Products: 20. THIS COURT ORDERS that each Plaintiff and all other Releasors (as defined in the Settlement Agreement and which includes any one or more of them), shall be deemed to have and does hereby release, waive and forever discharge each Releasee from any and all Released Claims, as set out in Section 12 of the Settlement Agreement; 21. THIS COURT ORDERS that the Releasors are forever barred and enjoined from directly or indirectly instituting, continuing, maintaining, asserting, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any manner of claim, demand, action, suit. cause of action, or demand against any Releasee or any other person who may claim contribution or indemnity from any Releasee in respect of any Released Claim or any matter related thereto; 22. THIS COURT ORDERS that RicePoint Administration Inc. together with Class Counsel shall administer the settlement in accordance with the Settlement Agreement: 23. THIS COURT ORDERS that Class Counsel shall provide a report at the conclusion of the administration of the claims process, accounting for all monies it has

64 -64- received or administered under the settlement. and detailing all monies it proposes to distribute to Authorized Claimants; 24. THIS COURT ORDERS AND DECLARES that the Defendants have no liability whatsoever with respect to the administration of the Settlement Agreement; 25. THIS COURT ORDERS that if the Settlement Agreement is terminated in accordance with its terms, then, without restricting the application of the provisions of the Settlement Agreement: (a) this Order shall be set aside and be of no further force or effect; and (b) all negotiations, statements and proceedings relating to the Settlement Agreement shall be deemed to be without prejudice to the rights of the parties, and the parties shall be deemed to be resorted to their respective positions existing immediately before the Settlement Agreement was executed. 26. THIS COURT ORDERS that for the purposes of enforcement of this Order, Justice Perch, or if he is unavailable, another judge of this Court. will retain jurisdiction, and the Defendants and all members of the class certified by this Court attom to the jurisdiction of this Court for these purposes; and 27. THIS COURT ORDERS AND ADJUDGES that, upon the occurrence of the Effective Date, this Action shall be and is hereby dismissed without costs and with prej udice.

65 -65-

66 DONNA O BRIEN ANI) ADAM PEARCE and others -and- BARD CANADA INC. and others Plaintiffs Defendants Court File No. 8067/12 CP ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO Proceeding under the Class Proceedings Act, 1992 ORDER MCKENZIE LAKE LLP 140 Fullarton Street Suite 1800 London, ON N6A 5P2 Michael J. Peerless (LSUC#: 34127P) Matthew D. Baer (LSUC#: 48227K) Telephone: (519) Facsimile: (519) Lawyers for the Plaintiffs

67 -67- SCHEDULE G LONG FORM NOTICE OF SETTLEMENT APPROVALS SURGICAL MESH (for the treatment of SUI and POP) CLASS ACTION NOTICE OF SETTLEMENT APPROVALS PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS To: All Canadian residents (excluding Quebec) who were implanted with surgical mesh with the brand name Avaulta, Align or Ajust (collectively referred to in this notice as the Products) or their personal representatives, heirs, assigns and trustees, and any other residents of Canada asserting the right to sue the Defendants (defined below) by reason of their familial relationship with a Primary Claimant, including spouses, common law spouses, same-sex partners, as well as parents and children by birth, marriage or adoption. PURPOSE OF THIS The Products are surgical repair meshes designed, manufactured, NOTICE distributed or sold in Canada by Bard Canada Inc., CR. Bard, Inc. or Bard Medical Division (the Defendants ), which were approved for use in Canada beginning in December Please be advised that the Ontario Superior Court of Justice has approved the settlement of two classes of claimants who were implanted with the Products. The Defendants deny all allegations and deny any wrongdoing or liability. The Court has not taken any position as to the truth or merits of the claims or defences by either side. The following products are not included in either of the settlement classes. If you have questions about these products, you should contact class counsel: Pelvicol Acellular Collagen Matrix; PelviLace BioUrethral Support System; PelviLace TO Trans-obturator BioUrethral Support System; PelviSoft Acellular Collagen BioMesh; Uretex SUP Pubourethral Sling; Uretex TO Trans-Obturator Urethral Support System; Uretex TO3; Alyte Y Mesh Graft. If you would like a copy of the Settlement Agreement, it is available at It can be obtained by contacting class counsel as listed below. This notice does not constitute medical advice. Patients who have had one of the Products surgically implanted should consult with their doctors if they have any questions with respect to their medical condition.

68 -68- SUMMARY OF THE The Defendants, while not admitting liability, will pay $400,000 to SETTLEMENT settle the Avaulta Class, $1,550,000 to settle the Align and Ajust Class, $300,000 into a Special Circumstances fund and AGREEMENT $225,000 for notice and administration of the settlements. Patients who were surgically implanted with one of the Products and have suffered injuries as evidenced by their medical records may be entitled to benefits under the settlement. After deduction of all amounts provided for in the Settlement Agreement (including costs of providing notice, administration costs and class counsel fees), the remainder of the Settlement Amount will be distributed to eligible Primary Claimants in the Avaulta Class and the Align and Ajust Class based on a matrix specified in the Settlement Agreement. The matrix is intended to account for the individual condition and circumstances of all eligible Primary Claimants. Until all eligible claims are submitted to class counsel, it is not possible to determine an estimate of the benefits that eligible Primary Claimants might receive. The Defendants have the unilateral right to terminate the Settlement Agreement if a certain number of class members optout of the settlement. The number of opt-outs that triggers the termination right will not be made public. Further details regarding the Settlement Agreement may be viewed at or by contacting class counsel as listed below. OPTING OuT MAKING A CLAIM All persons residing anywhere in Canada (excluding Quebec) who come within the class definition are automatically included in the class unless they exclude themselves from the class ( Opt Out ). To Opt Out, a class member will have to complete, sign and return an Opt-Out Form to class counsel postmarked or deposited by courier by [60 days after dissemination of the second notice]. If a class member does not timely and properly Opt Out, he or she will forever be barred from instituting any action against the Defendants and/or any released parties (specified in the Settlement Agreement as the Releasees ) relating to the alleged damages from the Products in the class action regardless of whether the class member files a claim under the settlement or receives any benefits. A complete copy of the Settlement Agreement, and a detailed instruction package on how to obtain, complete and submit an Opt-Out Form, are available at or by contacting class counsel as indicated below. In order to make a claim for benefits under the settlement, a class member must complete, sign and return a Claim Form to class counsel with the supporting documentation specified therein postmarked or deposited by courier by [180 days after dissemination of the second notice]. If a class member does not timely and properly make a claim under the Settlement Agreement, he or she will be forever barred from receiving any benefits under the settlement. A detailed instruction package on how to obtain, complete and submit a Claim Form is available at or by contacting class

69 -69- counsel using the contact information below. IMPoRTANT DEADLINES LEGAL FEES FuRTHER INFORMATION [60 days after dissemination of the second notice] - Deadline to Opt Out of the Settlement Class. [180 days after dissemination of the second notice] - Deadline to submit a Claim Form. Because of these deadlines you must act without delay. The Ontario Superior Court of Justice awarded legal fees, expenses and applicable taxes to class counsel in the total amount of $ Class counsel were retained on a contingent basis. Class counsel were responsible for funding all expenses incurred in pursuing this litigation. Claimants may, but are not obliged to, retain their own lawyers to assist them in making individual claims under the Settlement Agreement. Claimants are responsible for paying the legal fees of any lawyer they retain. Submitting a claim under the Settlement Agreement is considerably less complex and less expensive than pursuing an individual lawsuit and this should be kept in mind if entering into any percentage of recovery contingency fee agreement with legal counsel to complete a claim. For further information please contact class counsel as follows: Mckenzie Lake Lawyers LLP 140 Fullarton Street, Suite 1800 London, Ontario N6A 5P2 Tel: Fax: Publication of this notice has been authorized by the Ontario Superior Court of Justice

70 -70- SCHEDULE H SHORT FORM NOTICE OF SETTLEMENT APPROVAL HAVE YOU HAD SURGERY TO TREAT URINARY INCONTINENCE OR PELVIC STRESS Class counsel can be reached as follows: Mckenzie Lake Lawyers LLP ORGAN Tel: IF YOU OR SOMEONE CLOSE TO YOU WAS IMPLANTED WITH Fax: SURGICAL MESH TO TREAT SUI OR POP WITH THE BRAND ..mckenzielake.com NAME AVAULTA, ALIGN OR AJuST (REFERRED TO IN THIS Publication of this notice has been authorized by the NOTICE AS THE PRODUCTS ), PLEASE READ THIS NOTICE Ontario Superior Court of Justice. CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS, AND YOU OR SOMEONE CLOSE TO YOU MAY BE ENTITLED TO BENEFITS FROM A NATIONAL SETTLEMENT. PROLAPSE? In August 2012, a proposed class proceeding was commenced in Ontario relating to the alleged injuries of women implanted with certain Bard products indicated to treat SUI and POP. Bard denies the allegations in the lawsuit. In April the motion for certification as a class action was dismissed. Without any admission of liability or wrongdoing, Bard has agreed to settle certain claims. For the purposes of settlement only, claimants who were implanted with the Products will be treated as classes of claimants. The following products are not included in the settlement classes. If you have questions about these products, you should contact class counsel: Pevicol Acellular Collagen Matrix; PelviLace BioUrethral Support System PleviLace TO Trans-obturator BioUrethral Support System; PelviSoft Acellular Collagen BioMesh; Uretex SUP Pubourethral Sling; Uretex TO Trans-Obturator Urethral Support System; Uretex T03; Alyte Y-Mesh Graft. A settlement agreement has been reached and approved by the Ontario Superior Court of Justice that settles all litigation in Canada relating to the Products. Patients who were surgically implanted with one of the Products and have suffered injuries as evidenced by medical records may be entitled to settlement benefits. If you or someone close to you was surgically implanted with one of the Products you should immediately review the full legal notice in this matter to ensure you understand your legal rights. A copy of the full legal notice may be viewed at [wesbitesj. It can also be obtained by contacting class counsel as listed below. All persons residing anywhere in Canada who come within the class definition are automatically included in the settlement class unless they properly exclude themselves ( Opt-Out ). All class members who do not Opt-Out will be forever barred from instituting individual actions in respect of the damages alleged in the class action. Opt-Out Forms must be completed by [60 days after the dissemination of the second notice. Claims for benefits under the settlement must be completed by [180 days after dissemination of the second notice].

71 7 1- SCHEDULE I PLAN OF NOTICE SHORT FORM NOTICE OF SETTLEMENT APPROVAL HEARING Class counsel propose that the short form notice of settlement approval hearing be published once in the following newspapers: 1. Globe and Mail, National Edition 2. National Post, National Edition SHORT FORM NOTICE OF SETTLEMENT APPROVAL Class counsel propose that the short form notice of settlement approval hearing be published once in the following newspapers: 1. Vancouver Province 2. Calgary Herald 3. Regina Leader Post 4. Winnipeg Free Press 5. Globe and Mail, National Edition 6. National Post, National Edition 7. New Brunswick Telegraph Journal 8. The Chronicle Herald (Halifax) 9. The Telegram (St. John s) 10. The Guardian (Charlottetown) 11. Northern News (Nunavut & Northwest Territories) 12. Whitehorse Start (Yukon)

72 -72- LONG FORM NOTICES Each of the Long Form Notices shall be posted on the following website:

73 7 - i.: SCHEDULE J OPT-OUT FORM SURGICAL MESH (FOR THE TREATMENT OF SUI AND POP) SETTLEMENT OPT OUT FORM THIS IS NOT A REGISTRATION FORM OR A CLAIM FORM IT EXCLUDES YOU FROM THE SETTLEMENT CLASS DO NOT USE THIS FORM IF YOU WANT TO RECEIVE BENEFITS UNDER THE SETTLEMENT Name: Current Address: Telephone: Date of Birth Date of Death (if applicable) Mr. / Mrs. / Miss / Ms. Apt/No/Street City Province Postal Code Home: ( ) Work: Cell: ( ) Fax: Death Certificate Attached Identification of person signing this Opt Out Form (check only one) I was implanted with one of the surgical meshes called Avaulta, Align or Ajust (the Products ) and am the above identified Class Member. I am signing this Form to EXCLUDE myself from entitlement to benefits under the Surgical Mesh Settlement. My current intention is to begin individual litigation against Bard Canada Inc. C.R. Bard, Inc. or Bard Medical Division to recover damages related to my having been implanted with a Product. I am the guardian, custodian, executor, administrator or court-appointed representative (a Representative Claimant ) of the above-identified Class Member (or his/her estate), who was implanted with one of the surgical meshes called Avaulta, Align or Ajust (the Products ). I am signing this Form to EXCLUDE myself and the Class Member identified above from entitlement to benefits under the Surgical Mesh Settlement. My current intention is to begin individual litigation against Bard Canada Inc., C.R. Bard, Inc. or Bard Medical Division to recover damages related to the Class Member having been implanted with a Product. NOTE: For this Opt-Out to be valid the Representative Claimant must attach a copy of the court order or other official document appointing them as the representative. I UNDERSTAND THAT BY OPTING OUT I WILL NEVER BE ELIGIBLE TO RECEIVE ANY COMPENSATION PURSUANT TO THE HERNIA REPAIR MESH SETTLEMENT DATE: / / Year Mo. Day Name of Class Member

74 -74- Signature of Class Member ALL OPT-OUT FORMS MUST BE SUBMITTED BY <claims administrator contact info> TO: VvSLegal