NATIONAL MEDTRONIC CLASS ACTION CERTIFICATION
Wednesday, July 30th, 2008Cuming, Gillespie & Raymaker, and our class action partners, Kim Orr, Lerners, Rochon Genova (and others) are very, very pleased to announce that Justice Hoy of the Ontario Superior Court of Justice has declared a certified national class in the case of Peter et al v. Medtronic of Canada.
This matter will now move forward to the notice stage, and then potentially proceed to a trial on the merits of the claim.
The certification was successful in that it was determined there was an identifiable class, the class members have common issues, a national class action was the preferable procedure and, for the first time in Canadian class action jurisprudence history in a pharmaceutical action a waiver of tort was granted to the Plaintiff class. This means that if the Plaintiffs are successful in their class action they will be able to disgorge profits from the Defendant Manufacturer on the conclusion of the claim.
For further inquiries with respect to the Medtronic claim please contact James Cuming of Cuming, Gillespie & Raymaker.