The Individual Nature Of Medical Device Litigation

A recent Alberta decision¹ refusing to certify a proposed medical device class action illustrates that in some cases a class action is not preferable given the individual nature of the claims.

Overview of the case

The defendant manufactured a hip resurfacing system used by members of the proposed class as an alternative to a total hip replacement. The representative plaintiff underwent the procedure to implant this system and allegedly experienced problems, including cobalt poisoning, which led to the system's removal.

Class counsel said he had been retained by nine additional class members who had experienced similar problems with the resurfacing system. The representative plaintiff sought to certify a class action on behalf of all individuals in Canada who had had the defendant's hip resurfacing system implanted.