General FAQ

A class action is a civil lawsuit brought by a person (the representative plaintiff) on behalf of a larger group of people (the class members).

A class action allows people with similar claims to have their claims heard together in a single lawsuit and to have the results of their case binding on all class members.

This is often more cost efficient and practical than class members having to pay their own lawyers to bring their own lawsuit separately.

Class members do not pay us any fees directly. Rather, if we win at trial or settle your case, we will seek a percentage of the settlement amount or damages awarded. That amount will have to be approved by the court. If we fail, then we get nothing.

• We have settled the economic loss claims. If you want to learn more about the economic loss claims, the partial settlement, and what you can expect over the next year, read our Partial Settlement FAQ, which is available at this link.
• We are continuing to litigate the personal injury claims and mental distress claims suffered by class members on account of using of Recalled Products.

• We need to proceed to a contested certification hearing of the personal injury claims: The B.C. Supreme Court will decide whether the personal injury claims can proceed as a class action, or whether to refuse certification. This is a typical step in all class actions.
  • A hearing date has not yet been set.
  • We have filed most of our written materials for the hearing.
  • The Defendants have not yet filed their responsive court materials.
  • Class members who have registered for updates will be notified when a hearing date is set.
• If we do not settle the personal injury class action after certification, we will proceed to a common issues trial. If the action is certified, we will go to trial on the issues that are common to all class members.
  • We have not reached this step yet.
• If we win at the common issues trial, a class member claims process will start. It is too early to be able to guess what type of process will be set up.
  • We have not reached this step yet.

The science with respect to the Recalled Products is evolving, so we do not know for sure which symptoms are caused by the Recalled Products.

At present, there is some indication that the following health issues may be related to the Recalled Products:

• respiratory impairment (e.g., new or worsening asthma, new or worsening COPD, chronic bronchitis, bronchiectasis, sarcoidosis, acute respiratory distress syndrome, reactive airways dysfunction syndrome, pulmonary fibrosis, pneumonitis, other interstitial lung disease, other obstructive or restrictive lung disease);
• certain cancers such as lung cancer; certain blood cancers (acute myeloid leukemia (AML), chronic myeloid leukemia (CML), or mucosa associated lymphoid tissue (MALT) of the air-pathway lymphoid tissue); or ENT/pathway cancers (e.g., oral cavity cancers; oropharynx cancer; nasal cavity/sinus cancer; nasopharynx cancer; larynx cancer; hypopharynx cancer; salivary cancer; esophageal cancers; thyroid cancers)

• First, sign up for our mailing list at this link. This will keep you updated on the status of the partial settlement and on the outstanding personal injury class action.
• Second, find and store in a safe place:
  • Any receipts for the Recalled Product
  • Any receipts for devices you purchase to replace a Recalled Product
  • Any receipts for medical services that you had to pay out-of-pocket as a result of using the Recalled Product

There is nothing else for you to do right now.

No. Please do not send us your medical information. We do not need that information until after we have won a common issues trial or gotten a settlement approved by the court.

Yes. We will be hosting three town halls. The dates have not yet been selected.

If you are signed up for our mailing list, then as soon as we choose dates, we will send you an email with those dates and explaining how to register.