Class actions can be a way to hold large companies to account when their products fall short of quality standards or pose risks to consumers. Class actions can also be a route to recovery if a manufacturer fails to exercise due diligence in designing or producing their products, makes false claims about their products, or distributes a product that causes harm to individuals. Because class actions allow a group of individuals to bring a claim collectively, they can reduce the risk for each person involved, while still providing consumers with access to justice.
Products to think about
There is always a risk that items we buy, or use, may be faulty. For some products, it can be helpful to give some extra thought and consideration to your decision to purchase or use them, as some items are more commonly associated with recalls and class action lawsuits:
Toys & baby products
Baby products like cribs, rockers, baby formula and toys can be subject to recalls. For example, Health Canada recently recalled an electric baby crib because the restraint system did not meet necessary requirements, and has the potential to harm infants.
Big home-related purchases
When services are expensive (think plumbing, roofing, etc.) it is always a good idea to spend time researching, and reading reviews about the companies and products that you are considering using. Class actions have previously been brought based on faulty plumbing products, defective shingles, and unsafe heating appliances.
Groceries and food
Recalls on food items often take place after they have made it to the shelves. For example, a recent Salmonella outbreak was linked to cantaloupes sold at various Canadian grocery stores. After Health Canada issued warnings about the issue, Siskinds LLP filed a class action on behalf of Canadians who purchased or consumed the recalled melons. This action is an example of why it is important to keep an eye on grocery and food-related recalls, and follow the recall instructions as soon as you are alerted to any possible health issues.
Medical devices
When a medical device or drug is proposed to you, asking the right questions can allow you to make an informed decision about whether the treatment is the right choice for you. It is helpful to ask your doctor about other options and potential side effects. Particularly for devices that are implanted or installed, such as hernia mesh and central venous catheters (“CVCs”), it is important to research and understand both the benefits, and any potential risks.
Siskinds is also representing Canadians who have experienced serious injuries and complications following surgery involving staples. Surgical staplers are medical devices often used to close wounds during surgery, both internally and externally. In Canada, there have been several recalls of surgical staplers manufactured by Ethicon, a subsidiary of Johnson & Johnson, and Covidien, a subsidiary of Medtronic. Additionally, patients affected by malfunctions of surgical staplers have shared their experiences with CTV, contributing to the ongoing awareness of these issues.
Pharmaceutical drugs
When drug companies fail to provide adequate warnings about side effects, people can be severely injured.
For example, Ozempic is a prescription drug approved to treat type 2 diabetes, also recognized for its ability to suppress appetite, and induce weight loss. Siskinds has filed a class action alleging that the use of semaglutide drugs, including Ozempic, is linked to serious harms like stomach paralysis, acute gallbladder disease, and internal blockages. The action alleges that these harms were not sufficiently warned of.
Navigating unexpected product outcomes
If you end up in a situation where the product you purchased or used has led to unexpected results, be sure to document the situation and retain any receipts or documentation. Our dedicated class actions team is always available to discuss your concerns, and to determine if a class action is the right course of action.