Preview Mode Links will not work in preview mode

Butter Torts: A Truly Canadian Legal Podcast

Oct 28, 2022

Brenda Agnew and Jordan Assaraf, your hosts, are joined by Brian Moher to talk about medical devices, products, and patient safety.

Brian joined Gluckstein Lawyers in 2022. He was called to the Ontario Bar in 2005 and has devoted his career to complex litigation. He has acted as Trial and Appellate counsel with experience at the Superior Court of Justice, Divisional Court, Court of Appeal, and the Supreme Court of Canada, as well as being appointed Pro Hac Vice counsel in the United States. Brian spent the first decade of his career as a health law defense lawyer in both civil and professional regulatory proceedings. In 2015, Brian started working as the plaintiff’s counsel in medical negligence actions. Brian has practiced as plaintiff class action counsel since 2005. He acted as trial counsel in medical device class actions, including St. Jude Medical v Andersen and Taylor v Canada.


Key Takeaways:

[4:40] What are the differences between patient safety and product safety?

[7:08] Brian shares an example of product and patient safety.

[13:45] When someone gets hurt during medical treatment and there is a product involved, does the involvement of a product complicate the case even further?

[19:24] If a device receives approval from a regulatory authority but through investigation it is determined that the product is unsafe, is there liability against the regulatory authority?

[21:00] Is it easier than a new factory in the medical device space?

[21:53] Will the regulatory authorities start implementing the approval of devices’ patient safety at any time in the future?

[23:50] Will the regulatory authorities provide directions to the manufacturer in respect to any specific training on the use of a specific medical device?

[25:06] How does the regulatory authority act when ta patient experiecned a problem with a product? Would that product remain in the market? Would the regulatory authority provide farther directions for the use of that product?

[25:42] Brian shares his advice in respect to patient safety when using any type of medical device.

[27:19] Brian answers the series of “This or That?” questions.


Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.


Learn more about Brian Moher


Gluckstein Lawyers on Twitter

Gluckstein Lawyers on Facebook

Gluckstein Lawyers on Instagram

Gluckstein Lawyers on YouTube