A medical device has its day in court – Andersen v. St. Jude Medical *

Canada - July 11 2012
On June 26, 2012, the Ontario Superior Court released its much-anticipated decision in Andersen et al. v. St. Jude Medical, Inc. et al.

Co-authors: Alan West, Nicholas Kluge , Evan Atwood , Malcolm N. Ruby .

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Fundamentals of Canadian product liability - duty to warn *

Canada - October 4 2011
A manufacturer has a duty to warn consumers and others in the supply chain of all material risks of which it is aware, or of which it ought to be aware, resulting from ordinary use of its product.

Co-authors: Nicholas Kluge .

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Liability where cause of a product defect is unclear *

Canada - October 4 2011
In the recent decision of Muskoka Fuels v. Hassan Steel Fabricators Ltd., the Ontario Court of Appeal addressed the issue of liability, under the provincial Sale of Goods Act where a product had failed but no party (or expert) could explain why.

Co-authors: Nicholas Kluge .

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Recent Ontario ruling may signal major change to Canadian class action procedure *

Canada - October 4 2011
Many product liability claims are brought as putative or proposed class actions.

Co-authors: Nicholas Kluge .

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Security, sabotage and privacy: legal concerns for medical device makers *

Canada - June 28 2011
Implantable medical devices (IMDs), including pacemakers, neurotransmitters and drug pumps, use embedded computer technology and radios to monitor and treat certain chronic diseases.

Co-authors: David T. Woodfield .

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