Daniel Reznick

In a certified class proceeding concerning allegedly defective hip implants, the court addressed issues relating to notice to class members and the identification of potential class members.

The court ordered the defendants to make reasonable efforts to locate names and addresses of implant class members contained in product adverse event reports and other related sources where the information was available and the province of residence was not British Columbia or Quebec.

However, the court declined to require an extensive manual internal review of all potential incident reports, finding such a requirement would be disproportionately burdensome and would not materially improve the notice program.

The court also determined the proper title for the certification notice and class counsel’s website, concluding that inclusion of the manufacturer’s name alongside the product identifier was reasonably necessary to inform the intended class.

Following certification of a proposed class action concerning recalled metal-on-metal hip implants, the court determined the appropriate costs award for the certification motion.

The plaintiffs, as the successful parties on certification, sought over $700,000 in partial indemnity costs.

The court found the claim grossly excessive due to over-lawyering, excessive hours, and hourly rates exceeding the applicable guideline ranges.

Applying Rule 57.01(1) of the Rules of Civil Procedure, guidance from appellate jurisprudence, and historical averages for certification motion costs awards, the court significantly reduced the claim.

The court emphasized transparency and predictability in costs awards and fixed costs at $175,000 all-inclusive payable forthwith.