News & Publications

Pharmaceutical & Medical Devices

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Written by on May 11, 2017.

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”). SUI is the involuntary leakage of urine on effort or exertion, such as sneezing, coughing, or laughing. POP is the downward descent of female ...

CTV News Interviews Jill McCartney about PHYSIOMESH Class Action

Written by on March 29, 2017.

CTV News interviews Siskinds LLP’s Jill McCartney and the Representative Plaintiff for the PHYSIOMESH class action. Watch the full interview here. For more information or to join the class action, visit our web page: https://www.siskinds.com/physiomesh-hernia-mesh/

IMPORTANT TRANSVAGINAL MESH UPDATE

Written by on April 18, 2016.

The class action commenced against Coloplast Canada Corporation has been discontinued. Although Coloplast denies liability, it has agreed to attempt to settle certain claims on an individual basis. It will continue to consider the settlement of individual claims of which it is given notice by Siskinds until November 14, 2016. If you have a Coloplast mesh product, or if you do not know the manufacturer of your mesh product, you should view the Notice of Discontinuance or contact us at 1.800.46...

Zofran: A Drug Manufacturer’s Duty to Warn

Written by on December 11, 2015.

The Class Actions team at Siskinds LLP recently commenced a new case against the pharmaceutical manufacturers of Zofran. The class action claim alleges that the drug manufacturers failed to warn that Zofran is unsafe for pregnant women. In Canada, drug manufacturers have a duty to warn of the risks associated with the use of their drug products that are within their knowledge or should be within their knowledge.[1]  The duty is continuing, meaning that manufacturers must warn of dangers know...

Zofran: The Dangers of Off-Label Drug Use

Written by on December 10, 2015.

The Class Actions team at Siskinds LLP recently commenced a new case against the pharmaceutical manufacturers of Zofran. The class action claim alleges that the drug manufacturers failed to warn that off-label use of Zofran is unsafe for pregnant women. Zofran is a powerful anti-nausea medication approved by Health Canada to treat nausea and vomiting in postoperative and chemotherapy patients. Zofran is available orally or by injection. A generic equivalent is also available called Ondansetro...

Avis Favaro of CTV News Interviews Jill McCartney of Siskinds LLP regarding Zofran Class Action

Written by on December 08, 2015.

The Class Actions team at Siskinds LLP recently commenced a new case against the pharmaceutical manufacturers of Zofran. The class action claim alleges that the drug manufacturers failed to warn that Zofran was unsafe for pregnant women. Zofran is a powerful anti-nausea medication approved by Health Canada to treat nausea and vomiting in postoperative and chemotherapy patients. Zofran is available orally or by injection. A generic equivalent is also available called Ondansetron. Zofran was ne...

Zofran Class Action Launched

Written by on November 13, 2015.

Zofran On November 12, 2015, Siskinds issued the following media release to announce the launch of a class action regarding the prescription medication, Zofran. Zofran Media Release, November 12, 2015          

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

Written by and on March 21, 2014.

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In reaching this conclusion, the Court of Appeal confirmed that common issues, shared between resident and non-resident class members, can form a presumptive connecting factor for...

Towards a New Class Action Certification Costs Framework?

Written by and on March 07, 2014.

Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.[1]  Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings.  His Honour indicated that granting costs awards following certification motions required further transparency and more reliable metrics, notwithst...

Class Actions under the Microscope: The Law Commission of Ontario’s Class Actions Project

Written by on January 23, 2014.

It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proceedings Act. It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proce...