Case Summary
1. The law firms of Sutts, Strosberg LLP (Windsor and Toronto) and Koskie Minsky LLP (Toronto) are prosecuting a lawsuit against Johnson & Johnson, LifeScan Inc. and LifeScan Canada Ltd. on behalf of persons, except those resident in British Columba and Quebec, who purchased certain SureStep home blood glucose monitors manufactured before August 1997 and/or related SureStep test strips manufactured prior to March 1998.
2. The plaintiffs allege that these monitors and/or test strips were dangerously defective devices which could cause personal injury, even death. Because of the alleged defects in the monitors and test strips, their use in measuring diabetics' blood glucose levels could produce grossly inaccurate results.
3. By reasons released July 6, 2004, Mr. Justice Cullity certified the action as a class proceeding. The certification order may be reviewed here.
4. The defendants unsuccessfully sought leave to appeal the certification of the class action all the way to the Supreme Court of Canada.
5. Notice of the certification of the action and the opt-out deadline of August 31, 2007 was given to the Class.
6. Examinations for discovery and any motions and materials relating thereto were completed.
7. There are companion class actions in British Columbia and Quebec.
8. The parties in all three actions have agreed to a settlement of the actions, subject to court approval. The details of the settlement are summarized in the Notice of the Settlement Approval Hearing which may be reviewed here (English) (French).
9. On December 15, 2010, the Ontario court approved the settlement. The approval order may be viewed here. The April 29, 2011 amending order may be viewed here.
10. On April 4, 2011 the Québec court approved the settlement. The judgments may be viewed here in English (settlement approval) and in French (settlement approval) (fees).
11. The settlement approval order was entered in British Columbia on April 27, 2011 and may be viewed here.
12. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 1.800.229.5323.
13. If you would like to know more about how a class action works, please click here.
IMPORTANT NOTE
This website has been developed to provide general information to class members on a class action commenced against Johnson & Johnson, LifeScan Inc. and LifeScan Canada Ltd.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
This website is updated from time to time to provide class members with information.