Is there a class action or individual law suit?
Ontario, Canada
The following excerpt is from Serhan Estate v. Johnson & Johnson, 2006 CanLII 20322 (ON SCDC):
It may well be that some individuals have a claim for damages due to the use of the defective blood monitoring system. However, a class action would not, in my view, be the most efficient vehicle for claiming redress. In terms of access to justice, unlike the situation in Cloud v. Attorney General, supra, there is [page716] no evidence that it would be "extraordinarily" difficult for class members to proceed with individual law suits, and there is no indication that the class proceeding would mitigate any difficulties faced by individual litigants (at paras. 87-88).
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