Class actions can be a way to hold large companies and manufacturers accountable when their products fall short of safety and 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, testing, 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 product liability claim collectively, they can reduce the risk for each person involved, while still providing consumers with access to justice.
Types of defective products
There is always a risk that items we buy, or use, may be faulty. For some high-risk 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 product recalls, defects, manufacturing issues, and class action lawsuits:
Toys & baby products
Toys, baby gear, and infant care products are among the most frequently recalled consumer goods in Canada. Baby products like cribs, rockers, baby formula and toys can be subject to recalls. For example, Health Canada recently recalled an electric baby crib1 because the restraint system did not meet necessary requirements, and has the potential to harm infants.
Defective or unsafe baby products have been the focus of several consumer class actions in Canada, often involving choking hazards, faulty restraints, or misleading safety claims. Before purchasing, parents are encouraged to check Health Canada’s recall database.
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 against manufacturers of faulty plumbing products, defective shingles, and unsafe heating appliances. These lawsuits typically allege product defects, poor quality materials, or failure to warn consumers about potential hazards.
Groceries and food
Recalls on food items often take place after they have made it to the shelves of grocery stores. For example, a recent Salmonella outbreak was linked to cantaloupes sold at various Canadian grocery stores. After Health Canada issued warnings2 about the health concern, Siskinds LLP filed a class action on behalf of Canadians who purchased or consumed the recalled cantaloupes and 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, known risks, and potential side effects. Particularly for medical 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 health 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 product 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 CTV3, contributing to the ongoing awareness of these medical device safety concerns.
Pharmaceutical drugs
When pharmaceutical drug companies fail to provide adequate warnings about potential side effects, people can be severely injured. Prescription drugs with undisclosed risks have been the focus of numerous consumer protection cases and class action lawsuits in Canada, emphasizing the importance of patient awareness and informed consent.
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 against GLP-1 drug manufacturers 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.
How Siskinds LLP can help
If you find yourself dealing with a defective, unsafe, or recalled product that has caused unexpected injury, financial loss, or harm, it is important to carefully document the situation. Be sure to retain receipts, invoices, product packaging, photographs, medical records, and any other supporting documentation that may be relevant to your claim. Our dedicated product liability class actions team is always available to discuss your concerns, and to determine if a class action is the right course of action.
- https://recalls-rappels.canada.ca/en/alert-recall/shandi-0-25kg-big-space-electric-baby-crib-cradle-infant-rocker-auto-swing-bed-baby ↩︎
- https://recalls-rappels.canada.ca/en/alert-recall/shandi-0-25kg-big-space-electric-baby-crib-cradle-infant-rocker-auto-swing-bed-baby ↩︎
- https://www.ctvnews.ca/health/article/class-action-lawsuits-allege-surgical-staples-failed-and-caused-further-complications/ ↩︎