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Civil procedure - Parties - Class or representative actions - Certification - Common interests and issues - Members of class or sub-class - Procedure - Representative plaintiff

Thursday, September 22, 2016 @ 8:00 PM  

Appeal by the plaintiff, Warner, from refusal of certification of her proposed class action against the defendant, Smith & Nephew. The defendant was the manufacturer of the Birmingham Hip Resurfacing System (Birmingham System). The plaintiff had the Birmingham System implanted in her hip joint in a 2005 surgery. Three months later, the plaintiff noticed clicking and popping in the joint. A blood test showed elevated levels of cobalt. By 2012, the ion levels in the plaintiff’s blood were toxic. She consequently underwent further surgery to remove...