Philippe L. Desrosiers

The plaintiff sought costs following the certification of a class action against the defendants.

The court noted that while the plaintiff achieved certification, success was divided because the class definition and types of claims were significantly narrowed.

Applying the principle of divided success, the court agreed with the defendants' submission to reduce the plaintiff's claimed fees by 50%.

The court also deducted duplicated and non-compensable travel expenses from the plaintiff's disbursements.

The defendants were ordered to pay the plaintiff costs in the all-inclusive amount of $282,759.06.

The plaintiff moved to certify a class action against the manufacturers and distributors of allegedly defective cochlear implants.

The plaintiff claimed the devices suffered from a design defect causing fluid ingress and premature failure, requiring invasive revision surgery.

The court found that the pleadings disclosed viable causes of action for negligent design, failure to warn, and failure to recall.

The court amended the class definition to include only patients whose devices experienced a 'hard failure' to ensure the class was properly bounded.

With limitations placed on the scope of general damages to ensure common issues predominated over individual medical histories, the court certified the action and appointed the plaintiff as the representative plaintiff.