Canadian Class Certified In Medtronic Defibrillator Case

A Canadian judge has granted class status to plaintiffs in product liability litigation over Medtronic Inc.’s recalled implantable defibrillators, ruling that “access to justice” favoured certification.

Issuing her opinion on Thursday, Ontario Superior Court Judge Alexandra Hoy certified a class of up to 2,400 Canadian plaintiffs alleging Medtronic breached its duty to warn consumers of a defect in the batteries of the defibrillators, which were pulled from shelves in 2005.

Judge Hoy ruled the plaintiffs adequately pled negligence on Medtronic’s part and noted that the company had “considerable resources at its disposable,” making the cost of pursuing claims individually prohibitive. More…

To read Justice Hoy’s Reasons for Decision dated December 6, 2007, please click here.