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Exposure to Tuberculosis #1 (February 1, 2003 to October
23, 2003)
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To contact us please call our 24 hour hotline number at
1-866-545-9919 or e-mail us at
tbclassaction@kmlaw.ca. |
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Updated December 14, 2007
Current Status of the Action
The action was certified as a class action following hearings on September 27,
28 and 29, 2006 and December 8, 2006. To view a copy of the Order and Reasons
released October 25, 2006 and December 8, 2006 certifying the action, please
click here. To view a copy of the Notice Order to Class Members please
click here. The deadline for opting out of this class action expired on
August 31, 2007.
At a Case Conference on November 21, 2007, a timetable was reached for the
remaining steps leading up to the common issues trial. To view a copy of the
timetable, please click here.
Background
This class action was commenced against Lakeridge Health Corporation, Brooklin
Medical Centre Inc. and a respirologist alleging negligence and breach of
contract in regard to potential exposure to tuberculosis ("TB") between February
1, 2003, and October 23, 2003 (the "Claim Period"). The action against
Brooklin Medical Centre Inc. was discontinued. Please click below to view
copies of the pleadings:
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Fresh as Amended Statement of Claim;
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Statement of Defence of Lakeridge Health
Corporation;
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Statement of Defence of Dr. Ross;
and
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Replies to the Statements of Defence.
Please note that this action is separate from a different action, commenced by
in May, 2004 regarding potential exposure to TB at Lakeridge Health hospitals
between February 1, 2004, and April 23, 2004. If this applies to you, please
click here to go to the web page devoted to this other action.
The Claim alleges that an individual with active tuberculosis (the "Active
Case") attended physician appointments and hospital visits at Lakeridge Health
hospitals while displaying symptoms of active TB. The plaintiff is an
individual who attended at Brooklin Medical Centre Inc. and the Lakeridge
Health hospital in Oshawa during the Claim Period, and was later notified by
public authorities that he may have been exposed to TB through his contact with
the Active Case.
The Claim alleges that the defendants failed to meet the proper standards of
practice pertaining to the screening and prevention of the spread of TB. In
particular, the defendants allegedly failed to properly diagnose the Active
Case, failed to take the proper precautions to prevent the spread of the Active
Case's TB infection, and failed to warn the proposed class members in a timely
manner of their risk of exposure and transmission of TB.
The law firms of Koskie Minsky LLP and Roy Elliot Kim O'Connor LLP represent
the plaintiff.
The class is comprised, in summary, of the following individuals:
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those who were exposed to and who contracted TB through contact with the Active
Case during the relevant period;
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those who were not infected, but who were notified by public health authorities
about potential exposure; and
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certain family members of all of the above individuals.
Please view the Certification Order for a complete definition of the class, by
clicking
here .
To Participate
Please refer to the Certification Order for a complete description of the
class.
If you believe that you may be an eligible class member we ask that you please
contact us in writing with the following information:
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your name;
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your age;
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your contact information (including your address, telephone number(s) and email
address); and
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a brief history of your potential claim, including the following information:
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the date(s) and place(s) you may have been exposed to TB;
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the date and manner in which (phone call or letter) you were notified of your
potential infection.
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the date(s) you were tested;
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your test result (being negative, active positive or non-active positive);
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the names of your immediate family members; and
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the names of any other persons you are aware of who may have been exposed.
If you were notified by letter please provide us with a copy of the
letter you received. If you were contacted by telephone, please provide us with
details of the notification, including the date and the caller's
identification.
Please send all information and documents to the attention of the Tuberculosis
Class Action c/o the Communications Department. We can be reached by e-mail,
fax or mail at:
Client Communications Department
Koskie Minsky LLP
20 Queen Street West, Suite 900 Box 52
Toronto, ON
M5H 3R3
E-mail: tbclassaction@kmlaw.ca
Fax: 416-204-2897
There is no direct cost to you. These actions are proceeding on a contingency
fee basis. Class members will not be required to pay any legal fees to the
class action lawyers directly. If the class action is successful at trial or
settled, class counsel fees may be paid by the defendants or out of the
settlement or judgment proceeds as approved by the court.
IMPORTANT NOTE:
This website has been developed to provide general information to potential
class members.
The site is not designed to answer questions about your individual situation or
entitlement. Do not rely upon the information provided on this website as legal
advice in respect of your individual situation nor use it as a substitute for
individual legal advice.
The information collected about potential class members will assist counsel in
prosecuting the class action and assessing what damages were suffered by the
class as a whole. Providing the information requested does not make you a
client. The court will ultimately decide who will be included as a class
member.
This website will be updated from time to time to provide potential class
members with information as it becomes available.
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