Bristol-Myers Squibb target of class action with respect to breast implants
Fasken Martineau acts for Bristol-Myers Squibb and several related entities in this product liability class action by breast implant recipients. The class action was certified on a much narrower basis than was proposed by plaintiffs and a narrower basis than a parallel class action in Ontario. The defendants successfully challenged the attempts by the plaintiffs to prosecute the case. Most significantly, the defendants successfully opposed the attempts by the plaintiffs to obtain an order approving their litigation plan. the defendants then convinced the court to try the viability of the plaintiffs' scientific theories in advance of other issues. Faced with a trial on the merits, the plaintiffs agreed to a settlement on terms substantially lower than previously agreed to by Dow Corning in the same litigation.