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Exposure to Tuberculosis #2 (February 1, 2004 to April 23,
2004)
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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 March 11, 2008
Current Status of the Action
By Order of the Ontario Superior Court of Justice dated November 21, 2007, this
proceeding has been certified as a class action. The Court has appointed
Michael David Horgan as the representative plaintiff of the class.
To view a copy of the Order certifying the action, as well as the Notice to
class members please
click here. An amending Order dated March 4, 2008 was made extending
the Opt-Out deadline to March 21, 2008. To view this Amending Order, please click here. A timetable for the remaining steps leading up
to the common issues trial has been set. To view the timetable, please
click here.
Background
This class action was commenced on behalf of class members against Lakeridge
Health Corporation and two doctors alleging negligence in regard to potential
exposure to tuberculosis ("TB") between February 1, 2004 and April 23, 2004
(the "Claim Period"). Please
click here to view a copy of the Fresh as Amended Statement of Claim.
Please note that this action is separate from a different action, commenced by
Koskie Minsky LLP in April, 2004 regarding potential exposure to TB
at Lakeridge Health hospitals between February 1, 2003 and October 23, 2003. If
this applies to you, please
click here to go to the web page devoted to this other action.
The Fresh as Amended Statement of Claim alleges that an individual with active
tuberculosis (the "Index Patient ") attended physician appointments and
hospital visits at Lakeridge Health hospitals while displaying symptoms of
active TB. The plaintiff is an individual who attended at a 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
Index Patient.
The Fresh as Amended Statement of 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 Index Patient, failed to take the proper precautions
to prevent the spread of the Index Patient'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 proposed class, in summary, comprises the following individuals:
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those who were exposed to TB through contact with the Index Patient during the
Claim Period, and who contracted TB, except those persons who were employees of
Lakeridge Health Corporation during the Claim 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.
For Further Information
Please refer to the Certification Order for a more complete description of the
proposed 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.
Opting Out
Persons who do not wish to pursue their claims against the defendants or wish
to pursue their claims on an individual basis may opt out of the class action
and commence individual claims at their own expense. If you wish to opt-out you
must sign and return the Opt-Out Coupon to Koskie Minsky LLP by March 21, 2008.
The Opt-Out Coupon can be found by clicking here.
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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