Standard of Care Tag Archives

Product Liability and COVID-19

During the course of the pandemic, companies across the country started manufacturing PPE and other products that they would not normally be making, to meet the demand for such products and reduce shortages. For most of these products, proper manufacturing is essential to their safety, however if such products led to personal injury on the part of the consumer, can that consumer sue the manufacturer?

Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545

In this case, the plaintiff died in 2011 of stage IV uterine leiomyosarcoma (“uLMS”), which had metastasized to her lungs. The allegation at the centre of the lawsuit was that her gynecologist failed to perform a routine endometrial biopsy in 2009 and that, if he had, her cancer would have been detected at an early stage such that her death could have been avoided through proper treatment…