Lawsuit alleges Health Canada misled women over breast implant safety

A lawyer representing a group of women in one of three class action lawsuits says the government knew some breast implants were making women sick and ignored the evidence.

"We are really suing the government for misleading Canadian women, for not warning them," said Richard Yaholnitski.

Yaholnitski is part of the Regina-based legal firm that is representing women a lawsuit launched in Saskatchewan. It's one of three suits already launched against Health Canada, with another pending.

The lawsuits have been launched by women who had silicone-gel, foam-covered and saline breast implants.

The first was launched by Sandra Laliberte, of Saskatoon.

Laliberte, 40, had a double mastectomy to battle cancer 12 years ago, and had her breasts reconstructed using silicone implants. Now she receives a disability pension.

"I have different autoimmune problems, chronic fatigue, fibromyalgia ..." she said.

The implants were forced off the market in 1992 after suspicions arose that the implants were making thousands of women sick.

As many as 200,000 Canadian women are believed to have received implants over a 30-year period. Today, the procedure is more popular than ever.

The lawsuits filed in Saskatchewan, Ontario and Quebec, with another expected in British Columbia allege that Health Canada ignored evidence presented by its own scientists that silicone implants were unsafe.

Yaholnitski says even in the days before silicone breast implants were taken off the market, Canada's health officials including the minister of health were assuring women of their safety.

Health Canada's written response to the statement of claim argues that silicone implants came onto the market before there were regulations requiring proof that they were safe. So it argues the manufacturers were responsible to take the implants off the market when problems surfaced.

Yaholnitski says he will prove in court that the government had evidence the implants were making women sick and chose to ignore it.

"If you read the fine point of the government's argument, it's saying back in the early 1990s they didn't have the science available to them to think there was a risk, whereas scientists from within the department have indicated that there were reports showing that there was that causal connection, that there is that risk," he said.

Yaholnitski thinks the government made a political decision to leave the implant manufacturers alone at the expense of Canadian women. And he says it's time Health Canada was called to account for that.

The lawsuits are expected to be given approval to go to court within the next 12 months.