Overview
This proposed class proceeding concerns government liability in relation to the regulation of silastic devices implanted in temporomandibulor jaw joints (TMJ implants). The action alleges that Health Canada failed to properly regulate the distribution of Vitek/Proplast TMJ implants under the Food and Drugs Act, was negligent, in breach of its fiduciary duty, and violated the Canadian Charter of Rights and Freedoms.
The Plaintiff alleges that Health Canada had knowledge that the Vitek/Proplast TMJ implants were unsafe, yet it failed to prohibit their sale and distribution in Canada. It is alleged that Health Canada's failures resulted in damage suffered by class members including injury and loss of quality and enjoyment of life.
The class of persons the action represents is detailed in the Certification Order, below. Generally, it seeks to represent residents of Canada (except B.C. and Quebec) who were implanted with TMJ devices of the Vitek or Proplast type. A similar claim on behalf of persons who received other TMJ implants has not been certified as a class proceeding (See: Drady v. Canada (Minister of Health)).
Koskie Minsky LLP and Legge and Legge LLP (John Legge) represent the Plaintiff.