Mentor Breast Implants

Rice Harbut Elliott LLP has commenced proceedings in the Supreme Court of British Columbia against Mentor Worldwide LLC and Johnson & Johnson in a proposed class action lawsuit on behalf of Canadian women who have been affected by Mentor breast implants of the silicone cohesive gel type.

Current Status
Overview
Notice (English and French)
Opting Out

Current Status

The certification hearing completed on May 2, 2024. On October 21, 2024, Madam Justice Douglas ordered that the matter is certified, in part: 2024 BCSC 1931 (CanLII) | Bosco v Mentor Worldwide LLC | CanLII.

Read the Notice to Class Members to learn important information about the Class Action, the Certification Decision, and how they may affect your legal rights. The Notice covers the following topics:

– What is this Class Action about?
– Who is included in this Class Action?
– How do I participate in the Class Action?
– How can I opt out if I do not want to participate in the Class Action?
– Where can I ask more questions?

Overview

Our firm is seeking compensation for women who underwent implant surgery with Mentor breast implants without being provided with full and adequate disclosure of the risks associated with the implants, including the risk of Anaplastic Large Cell Lymphoma (“BIA-ALCL”) and for related financial losses associated with these health issues. A claim is also being advanced to compensate British Columbian women pursuant to B.C. consumer protection legislation for claims relating to Mentor’s alleged failure to disclose health risks associated with their breast implants.

Please note: At present we have not commenced any proceedings for implants of the Mentor saline type or any other brand of implants including those sold and marketed by Ideal Implant Inc.

If you have implants of the Mentor saline type and are suffering from symptoms of Breast Implant Illness, you should seek other legal representation as we have no intention of starting proceedings relating to saline breast implants.

Notice (English and French)

Notice of Certification of Class Action (English)

Notice of Certification of Class Action (French)

Opting Out

How can I opt out of the Class Action if I do not want to participate in the Class Action?

If you meet the definition of a Class Member (see Notice) and you do not want to be part of the Class Action, you must “opt out” by August 11, 2025 at the latest, in the manner described below.

If you opt out of the Class Action, you will not be eligible to participate in the Class Action in the future and you will not be entitled to any judgment or settlement amount that may be obtained, but you will retain the right to commence or continue your own lawsuit against the defendants regarding the subject matter of the Class Action.

If you do not exclude yourself by opting out of the class action, you will be bound by any resolution of the Class Action, including a judgment on the common issues, whether favourable or not. You will not be able to start or continue your own case against the Defendants regarding the claims at issue in the Class Action.

If you would like to opt out of the Class Action, you must do so no later than August 11, 2025. You can opt out by choosing one of the following two methods:

1. Complete an Opt Out Form: Fill out and submit the online electronic Opt Out Form here, or

2. Send an email directly to Class Counsel: Email classactions@rhelaw.com, in English or French, with the following information:

– Your full name
– Current address
– Email address
– Telephone number
– A clear statement that you wish to opt out of the Class Action

If you have any questions about the opt out process, you are encouraged to contact Class Counsel at classactions@rhelaw.com.

Mentor Form

Note: You are not obliged to fill in this form to participate in this class action. If you choose to do so, you are not retaining RHE LLP to act on your behalf. Providing the information requested does not make you a client of RHE LLP. All information submitted will be treated as confidential and will only be released as required by law or as you may consent.

I provide my consent and agree herein to receive communications from RHE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that consent to receive these electronic communications may be withdrawn at any time by emailing reception@rhelaw.com

Class Action Form

Contact Information

Name *

First

Last

Email *

Phone

FAX

Address (unit no., building/house number, street name)

City/ Town

Province

Postal Code

SUBJECT

DATE OF BIRTH *

PERSONAL HEALTH NUMBER *

EXACT NAME OF PRODUCT? *

WHERE DID YOU PURCHASE THE MENTOR PRODUCT?

DATE IMPLANTED? *

DATE THAT YOU SOUGHT MEDICAL TREATMENT FOR YOUR SYMPTOMS

PLEASE LIST ALL THE SYMPTOMS YOU EXPERIENCED. *

OTHER COMMENTS

Consent *

I provide my consent and agree herein to receive communications from RHE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that I can unsubscribe to these emails at any time. I understand that some of the personal information that I provide may be stored or processed outside of British Columbia and/or Canada, on a US server, and will be kept confidential, subject to the potential that a foreign state may seek to access the data for “lawful access” purposes. If you have any questions about RHE’s policies and practices regarding service providers outside Canada, or about the collection, use, disclosure or storage of personal information by the service providers outside Canada, please contact reception@rhelaw.com.

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