Certification Denied: Product Liability Cases Are Not "Quintessential" Class Actions

Certification was denied in a recent proposed multiple-model product liability class action before the Ontario Superior Court of Justice in O'Brien v Bard Canada Inc. We acted for the defendants.

The case concerned over 15 different medical products intended for permanent implantation in the female pelvis to treat various types of pelvic organ prolapse and stress urinary incontinence. The products differed in multiple ways, including their material makeup, shape, size, weight, density, weave, porosity, flexibility, configuration, fixation methodology, design purpose and product warning. The plaintiffs alleged all of Bard's products were negligently designed and that Bard failed to warn of their associated dangers.