RHE Successful in Obtaining Certification of Class Action Relating to Defective Alesse Birth Control
06/18/2021

RHE Successful in Obtaining Certification of Class Action Relating to Defective Alesse Birth Control

In Reasons for Judgment issued on June 7, 2021, Madam Justice Horsman granted certification of a national multi-jurisdictional class proceeding on behalf of all persons who were prescribed and ingested Alesse 21 or Alesse 28 between January 1, 2017 and April 30, 2019 (the “Class Period”).

The Plaintiffs allege that Alesse, a contraceptive, was manufactured in a defective manner, leading to a higher incidence of unintended pregnancies.  RHE trial lawyers John Rice and Tony Leoni argued the case at the certification hearing.   Justice Horsman agreed that the case should be certified on the basis of common issues relating to negligence and breach of consumer protection legislation.  On the key certification factor of a “workable methodology”, which requires the Plaintiff to establish that there is some basis in fact for that a plausible and workable methodology exists to determine the issue of “general causation”  (i.e., whether or not an agent has the capacity to cause a disease or medical condition rather than on “specific causation;” i.e., whether or not an agent did cause a disease or medical condition to be suffered by a specific person).

In an important analysis relating to this common battleground in pharmaceutical cases, Justice Horsman confirmed that “[t]he plaintiffs are not required to provide evidence of a specific type of methodology; rather the plaintiffs must establish that there is realistic way to test the common issues at trial: Miller v. Merck Frosst Canada Ltd., 2015 BCCA 353 at para. 46…”

Persons who were prescribed and ingested Alesse during the Class Period are asked to register with RHE by using the submission form here.Alesse 21 and 28