Court Of Appeal Upholds Certification Denial And Dismissal Of Drug Recall Class Action
| Published date | 05 April 2024 |
| Law Firm | Osler, Hoskin & Harcourt LLP |
| Author | Ms Laura Fric, Robert Carson and Lauren Harper |
The Court of Appeal for Ontario released its decision yesterday in Palmer v. Teva Canada Limited, affirming the denial of certification and dismissal of a proposed class action arising from the 2018 and 2019 recall of pharmaceutical products containing valsartan.
Background
The plaintiffs sought certification of an action seeking damages for the alleged increased risk of being diagnosed with cancer in the future as a result of exposure to impurities detected in certain products containing valsartan. Notably, however, the proposed class action did not seek compensation for consumers who have been or may...
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