Yamada v. Nobel Biocare Holding AG II

Welcome

This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Yamada v. Nobel Biocare Holding AG, et al., Case No. 2:10-cv-04849-MWF-PL.

NATURE OF THE SETTLEMENT

In June 2010, Plaintiff, Jason Yamada, D.D.S. filed this lawsuit in the United States District Court, for the Central District of California. Plaintiff alleges that NobelDirect implants have a defect that causes them to fail. Plaintiff asserts claims against Nobel Biocare Holding AG, Nobel Biocare AB, and Nobel Biocare USA, LLC for:

Declaratory Relief,
Breach of Express Warranty,
Breach of Implied Warranty, and
Violation of California Business & Professions Code § 17200 (“UCL”).

Nobel Biocare has expressly denied and continues to deny all charges of wrongdoing or liability against it arising out of the allegations and claims asserted in the Litigation, including that the NobelDirect implants are defective, or that it has violated the UCL. Nobel Biocare has vigorously resisted the allegations and claims in the Litigation and has asserted and continues to assert defenses to those claims.

In August 2011, the Court certified a nationwide class on Plaintiff’s claims for declaratory relief, breach of express warranty, breach of implied warranty, and violation of the UCL. In August 2012, following a motion by Nobel Biocare, the Court issued an order decertifying previously certified claims except the claim for violation of the UCL. This proposed settlement is limited to the claim for alleged violation of the UCL.

THE SETTLEMENT CLASS

The proposed settlement class includes all dentists in the United States who have purchased any NobelDirect dental implant from Nobel Biocare other than the “NobelDirect Groovy.” The Class includes individual dentists who purchased or acquired the NobelDirect dental implant by and through any partnerships, corporations or other similar entities. If you are a member of the settlement class, your rights and options — and the deadlines to exercise them — are explained in the Class Notice.

The Effective Date of the Settlement was November 22, 2013.

The deadline to submit a claim where the implant failed before the Effective Date is March 22, 2014.

The deadline to submit a claim where the implant failed after the Effective Date is 120 days from the date the implant is removed.

This site provides the following information:

Important Dates and Deadlines
Claim Form
Class Notice
Court Documents
Frequently Asked Questions