Part of the defence team for a breast implant manufacturer 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 the plaintiffs and a narrower basis than a parallel class action in Ontario.
Andrew was integral in opposing the attempts by the plaintiffs to prosecute the case. Most significantly, Andrew successfully opposed the attempts by the Plaintiffs to obtain an order approving their litigation plan and obtained an order that the court would 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.
Harrington v. Dow Corning, 2002 BCSC 1018