Williamson v. Johnson & Johnson

Williamson v. Johnson & Johnson

The certification application was granted in part and denied in part: the pleadings disclose viable causes of action for negligent failure to warn, breaches of the BC Consumer Protection Act and claims under the Competition Act; Health Canada's 'Dear Healthcare Professional' letter and the Canada Gazette draft screening assessment are admissible and provide some basis in fact for an association between perineal talc use and ovarian cancer, but key portions of the plaintiff's expert report addressing biological mechanisms were excluded as inadmissible; the plaintiff failed to show a workable methodology to prove general causation on a class‑wide basis and must adduce further evidence;...

Citation
2020 BCSC 1746
Parties
Plaintiff (deceased): Linda Williamson; Executrix / Proposed Representative Plaintiff: Tammy Robertson; Defendant: Johnson & Johnson; Defendant: Johnson & Johnson Consumer Companies Inc.; Defendant: Johnson & Johnson, Inc.; Defendant: Valeant Pharmaceuticals International Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 November 2020
Procedural Posture
Certification Application Under the Class Proceedings Act / Certification Hearing (application to Certify Class)
Outcome
Application partially granted: certification granted in part with restrictions and modifications; several claims and subclasses struck; certification denied as to Valeant and specified causes of action
Legal Topics
Certification, General Causation, Failure to Warn, Negligent Design, Disgorgement, Punitive Damages, Medical Monitoring, Class Definition, Representative Plaintiff
Source Language
English
Class Actions Product Liability Tort Competition Law Consumer Protection Civil Procedure Certification General Causation +7 more

Case Brief

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Parties

Linda Williamson

Plaintiff (deceased)

Tammy Robertson

Executrix / Proposed Representative Plaintiff

Johnson & Johnson

Defendant

Johnson & Johnson Consumer Companies Inc.

Defendant

Johnson & Johnson, Inc.

Defendant

Valeant Pharmaceuticals International Inc.

Defendant

Procedural Posture

Certification Application Under the Class Proceedings Act / Certification Hearing (application to Certify Class)

Legal Issues

  1. 1 Do the pleadings disclose a cause of action under CPA s.4(1)(a)?
  2. 2 Is there an identifiable class under CPA s.4(1)(b)?
  3. 3 Do the claims raise common issues under CPA s.4(1)(c)?

Ratio Decidendi

The certification application was granted in part and denied in part: the pleadings disclose viable causes of action for negligent failure to warn, breaches of the BC Consumer Protection Act and claims under the Competition Act; Health Canada's 'Dear Healthcare Professional' letter and the Canada Gazette draft screening assessment are admissible and provide some basis in fact for an association between perineal talc use and ovarian cancer, but key portions of the plaintiff's expert report addressing biological mechanisms were excluded as inadmissible; the plaintiff failed to show a workable methodology to prove general causation on a class‑wide basis and must adduce further evidence;...

Court Disposition

Application partially granted: certification granted in part with restrictions and modifications; several claims and subclasses struck; certification denied as to Valeant and specified causes of action

Orders

  • Proceeding certified as a class proceeding (British Columbia) for claims limited to negligent failure to warn, breaches of the British Columbia Business Practices and Consumer Protection Act, and claims under the Competition Act, subject to narrowed class definitions and further amendment of the ANOCC as directed
  • Common issues certified in part: issues concerning whether talc poses an unreasonable risk of ovarian cancer (narrowed to ovarian cancer and subject to plaintiff adducing a workable methodology), benefits of talc products, and breach of the standard of care (warnings) certified conditionally; punitive damages issue...