In two proposed medical device products liability class proceedings concerning transvaginal mesh used to treat stress urinary incontinence and pelvic organ prolapse, the plaintiffs moved on consent for certification and approval of notice plans.
The court applied the certification criteria under s. 5(1) of the Class Proceedings Act, 1992 and held that the pleadings disclosed negligence claims, the proposed classes were identifiable, and the common issues were framed narrowly enough around devices using the same mesh to treat the same condition.
Distinguishing an earlier unsuccessful mesh certification case, the court found some basis in fact for common design defect issues in each action when treated discretely.
The court also approved the certification notices, dissemination plans, and opt-out form.
Both certification motions were granted.
