SureStep Class Action (Serhan v. Johnson & Johnson, LifeScan Canada Ltd. and LifeScan Inc.)
This class proceeding is brought on behalf of diabetics who purchased medical devices which are alleged to have been dangerously defective. The Defendants to the action are Johnson & Johnson, LifeScan Inc. and LifeScan Canada Ltd. The Plaintiffs claim that the Defendants manufactured, advertised, and sold SureStep blood glucose monitoring devices, knowing that they produced grossly inaccurate results and, therefore, put diabetics’ health at risk.
In December 2000, LifeScan Inc. pleaded guilty to various U.S. federal charges and paid $60 million U.S. in criminal and civil fines for selling the SureStep meters and test strips and for submitting false information about the defects to the FDA. The Plaintiffs allege that, in conspiring to sell the devices in Canada, the Defendants profited wrongfully and should not be permitted to retain their revenue in good conscience. A similar class action brought on behalf of SureStep users in the U.S. settled when the Defendants in that action agreed to pay class members $45 million U.S. That settlement does not affect Canadian class members.
The issues to be tried in this class proceeding concern whether the Defendants are required to pay to Canadian class members the revenues gained in connection with the devices. Therefore, the action represents persons in Canada (except certain provinces) who acquired the specified SureStep meters or test strips. The exact class definition and claims are detailed in the Certification Order and the Amended Statement of Claim, both accessible through the “Documents” link.
The law firms of Sutts, Strosberg LLP and Koskie Minsky LLP are acting together to prosecute this action.