Lead trial counsel in the first medical products class action /
common issues trial tried to verdict in Canada (146 trial days), successfully defending one of the world's leading manufacturers of life - saving cardiac devices in a national class action claiming more than a billion dollars in damages (awarded 2013 Canadian Product Liability Impact Case of the Year by LMG Life Sciences)
When no underlying cause can be identified an effort is still usually made to eliminate as many of the
common causes as possible, by using a wide spectrum dewormer (usually fenbendazole) to
try to rule out parasites, dietary food
trials to
try to identify food sensitivities and allergies, biopsy of the intestines to
try to rule out cancers and to aid in identifying other underlying causes and by the use of antibiotics to
try to rule out the bacterial overgrowth / toxin
issues.
In the same way that plaintiffs are permitted to
try their cases at the
common issue trial stage with reference to expert opinion establishing a
common causal link where there is some basis in fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual proof.