Injuries Caused by Medical Devices and Pharmaceuticals: Evaluating the Case

From time to time, we receive enquiries from people who have been injured or even killed by the use of medical devices and pharmaceutical products.  Generally speaking, for such a claim to be viable requires either a very serious injury with significant money damages, or a class action which the client may join as a member, or both.  The following response to an enquiry shows how I think about accepting these types of cases:

Thank you for your enquiry about the [name of medical device].  I have discussed this with a lawyer in Toronto involved in medical device cases.

In view of the fact that problems with the filters were known about in 2009 if not before, one might wonder whether the surgeon should have explained these risks to you.  However the fact is that you have not suffered serious injury, at least as yet.  The case therefore would not justify the expense and time involved in suing either the surgeon or the manufacturer, as an individual claim.

Although there are class proceedings in the United States, there appears to be no class action outstanding in Canada.  It is very difficult to gauge the possibilities of a national class action in that Health Canada does not have a database for medical device malfunctions or defects, unlike the one for pharmaceutical adverse events.  It is therefore difficult to know whether there is a significant enough number of patients injured by the device, to form the basis for a class action.

For the time being, we must decline to represent you in any legal proceeding.  However, if new information comes to light you may wish to contact us again.  Please remember that your right to take legal action may expire two years from the date on which you learned that there was a problem with the device and it was migrating in your body.

I enclose a copy of my medical malpractice book and some other information that may be of interest to you.