Question
(a) GeorgeNganjmirrahadahipreplacementacoupleofyearsagoandhashadallsortsofproblemssince then. He recently learned that Acme Medical, the manufacturer of his artificial hip, has been sued around the world for defects associated with
(a) GeorgeNganjmirrahadahipreplacementacoupleofyearsagoandhashadallsortsofproblemssince then. He recently learned that Acme Medical, the manufacturer of his artificial hip, has been sued around the world for defects associated with some of their artificial hips, and he consults a solicitor in case he has a claim. When asked, George says he knows of five other people who are currently having problems with their artificial hips and one person who died last month due to complications from repeated surgeries on her hip. The solicitor asks if George has considered bringing the proceeding as a class action. Is this matter suitable for class action consideration? Is George a suitable representative plaintiff? Would George be a party to the action? Would the other affected residents? (b) George agrees that a class action would be the best way to proceed. The solicitor asks George to give her the names of all the people he knows who have had trouble with their hip replacements. George tells his solicitor that he doesn't know any of their names, just that they have had problems, and doesn't have any details about the nature of the problems each individual. He also doesn't know for sure which type of artificial hip the other individuals had (only some of the Acme hips had defects). The solicitor starts to become concerned because they are quickly running out of time before the limitation period expires on George's claim. Will the solicitor run into difficulties if she does not have the names of the other people when she files the action? Will the solicitor run into difficulties if neither George nor the solicitor yet know the exact nature of the other people's specific symptoms and whether they have the same type of hip as George? (c) Thesolicitorrealisesthatanothercompany,MedimateCo,hasalsobeenhavingproblemswithsomeof its artificial hips. It is impossible to tell at this point which company's products are to blame for the injuries (that information can only be found by reviewing the injured parties' medical records, where the maker, type serial number of the implants will be listed). Will the solicitor be able to bring the class action against both Acme and Medimate? (d) George tells his solicitor that he once had a bad experience in mediation and really doesn't want this case to end up there. The solicitor assures him that they will be before a judge who will see the matter through from start to finish, she won't have to worry about mediation. What problems do you see with the solicitor's advice? (e) It is learned that the deceased individual did not die of complications from hip surgery but from lung cancer. What might the court do during at this stage of proceedings? (f) The matter proceeds with the defendants arguing that the proceeding should be discontinued because the amount of damages that might be owed to each resident is unknown and individual proceedings might be necessary to determine such damages. How is the court likely to rule on this application? (g) Afterallofthis,whatisthelikelyendresultofthisfiledproceeding?Isitlikelythatthematterwillproceed to judgment? Why is this likely to be the result? Is there a role for the court in that likely result?
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