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Member, Beacon International Group, Ltd.
TORONTOThe Ontario Court of Appeals has rejected a class action lawsuit against the Canadian government by thousands of women who suffered injuries after their silicone breast implants ruptured.
Ontario's highest court last week also dismissed a separate class action lawsuit by people whose jaw implants disintegrated.
In both instances, the Court of Appeals said manufacturers, not government officials, are responsible for product safety and reliability.
The breast implant lawsuit, Attis vs. Canada Health, alleged Health Canada failed to test, ban or recall the implants or warn the appellants about the hazards of the devices. Dow Corning Corp. and other manufacturers also were named as defendants.
The judge upheld an earlier ruling that the federal agency did not directly misrepresent or assure the long-term safety of the Dow Corning silicone gel breast implants to individual consumers.
"It is impossible for Health Canada to regulate on behalf of individuals directly," the decision said.
The jaw implant case, Drady vs. Canada Health, alleged Health Canada failed to issue warnings or take action to remove the devices from the market, after disclosing the implants could break down.
"The job of the government is to govern, and in the course of doing so, to make broad-based policy decisions for the public collectively," Justice Susan Lang wrote for the panel.