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Sunnybrook
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To contact us please call 1 866-778-7986 or e-mail us at
sunnybrookclass@kmlaw.ca. |
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Class Proceeding Filed against Sunnybrook & Women's College Health
Science Centre.
Updated: May 17, 2007
On December 19, 2003, lead counsel Roy Elliot Kim O'Connor LLP and co-counsel
Koskie Minsky LLP commenced a class action lawsuit against
Sunnybrook & Women's College Health Science Centre ("Sunnybrook") for
negligence and breach of contract, claiming damages in the amount of
$200,000,000.00 plus $20,000,000.00 in punitive damages on behalf of the
plaintiff and the proposed class members.
The plaintiff is an individual who attended at Sunnybrook for a transrectal
ultrasound and prostate biopsy on November 26, 2002, at the Urology Clinic at
Sunnybrook. This procedure involved the use of an ultrasound wand. The
plaintiff claims that almost one year later, Sunnybrook wrote a letter advising
him that he may have been exposed to Hepatitis B, Hepatitis C, and/or HIV
because of their improper sterilization of equipment used during his biopsy.
To view the Statement of Claim which outlines the details of the plaintiffs'
allegations in this action, please
click here.
The Motion for Certification was scheduled for December 15 and 16, 2004. To
view a copy of the Endorsement, please
click here.
Justice Maurice Cullity of the Ontario Superior Court of Justice certified the
class proceedings on December 16, 2004, against Sunnybrook and Women's College
Hospital in Toronto on behalf of patients of that hospital who were subject to
improperly sterilized equipment between December 3, 1999, and August 5, 2003.
To view a copy of the Certification Motion, please
click here.
The parties in this action attended a voluntary mediation on Friday, November
10, 2006, in an effort to reach an agreement to settle this matter but were
unsuccessful in their attempts to do so. As such, we are currently preparing
for a trial of this action and will post the trial date as soon as it has been
determined by the Court.
Class Members
If you believe that you are a member of the Proposed Class, please contact us
in writing with your current mailing address and telephone number. You can
email us at sunnybrookclass@kmlaw.ca
or fax us at 416-204-2897, or by mail at Koskie Minsky LLP,
c/o Sunnybrook Class Action, 20 Queen Street West, Toronto, Ontario M5H 3R3.
Please note that there is no cost to you if you are a class member. If this
action is certified, class members will have an opportunity to opt-out of the
class if they so desire, but will be required to retain their own counsel or
act on their own behalf to pursue the claim.
If you have any questions regarding this action please
email us or call our hotline number at 1-866-778-7986 where you can
leave us a confidential voice message.
To view more information about how class actions work, please
click here.
To view the FAQ's please click 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 web site as
legal advice in respect of your individual situation or use it as a substitute
for individual legal advice.
Providing any information does not make you the client of Koskie
Minsky LLP. 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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