Breast Implants

Settled Class Action


Thousands of women have become sick after having breast implants containing silicone gel. The use of the implants was restricted in the early 1990s but many women still have medical symptoms resulting from the implants.

Klein Lawyers, reached a settlement of $25 million U.S. for the Breast Implant class action with Dow Corning, who had approximately 50% of the breast implant market. The B.C. Supreme Court approved the settlement in February 1999 and the Klein Lawyers, settlement became part of Dow Corning’s bankruptcy reorganization. Until recently, the bankruptcy reorganization was under appeal in the United States causing unexpected delays in proceeding with the settlement in British Columbia. Information regarding Dow Corning Bankruptcy Joint Plan of Reorganization is available on the following websites: and

We are pleased to advise that the appeal process is now complete and June 1, 2004 was set as the effective date of Dow Corning’s bankruptcy reorganization plan. The deadline to submit a claim in the Dow Corning /British Columbia and Other Provinces Breast Implant Litigation Settlement was February 1, 2005. You can obtain more information about the Settlement on the Claims Administrator’s website at

Klein Lawyers, has also reached a settlement in British Columbia of up to $4.3 million in a class action with three manufacturers of silicone gel breast implants: Bristol-Myers Squibb, Baxter Healthcare and 3M. The Settlement Agreement was approved by the B.C. Supreme Court on August 5, 2005. The Settlement Agreement and Claim Forms can be viewed on the Claims Administrator’s website at The deadline for opting into or out of this settlement was December 2, 2005. The deadline to submit claim forms in the settlement was February 1, 2006.

Court Documents
Settlement Documents

The settlement documents for the Breast Implant Litigation in British Columbia can be accessed by clicking on the links below:

  • Dow Corning /British Columbia and Other Provinces Breast Implant Litigation Settlement
  • British Columbia Bristol-Myers, Baxter & 3M Breast Implant Litigation Settlement

Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”

Merlo v. R, 2017 FC 533 at para. 34

“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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