Court of Appeal strikes implant class action

The Court of Appeal today released its decision in Drady v. Canada (Minister of Health) and the similar case of Attis v. Canada (Minister of Health).  Stockwoods partner Christopher Wirth acted for the third-party Inamed LLC.  The defendant succeeded in arguing that the claim made by the Applicants against Health Canada for failing to take adequate steps to protect the plaintiffs from the risks of certain medical implant devices, could not succeed and should be struck out prior to trial.  As a result, the claim by Health Canada against the third parties including Inamed was struck out as well.