It's time for cancer patients who say they received diluted chemotherapy treatment to decide whether to keep their name in a class action lawsuit.
A proposed settlement of $2.3 million was reached, which means each patient named in the lawsuit is getting about $1500 and many are not happy about it.
Patients had until Wednesday to opt out of the proposed settlement.
The case goes back to 2012, when it was discovered that over 1,200 patients allegedly received diluted chemotherapy.
About 290 of those patients are in Windsor-Essex and many are looking for more compensation.
Stutts Strosberg LLP, the co-counsel in the lawsuit, feels this is the best they can do.
“I love my class members and I have their best interest at heart," said Harvey Strosberg.
Strossberg says "if we go to trial, we will lose badly."
Strossberg tells CTV News based on science and evidence, the case would have been very difficult to win in court.
“Reduction in chemotherapy seven to 10 per cent will not affect result,” says Strosberg. “That's the evidence."
After giving it more thought, one affected patient has decided not to opt-out.
“If you opt out you're basically giving in, I have never given in," says patient Louise Martens.
But she has filed a notice of objection.
“I hope with the strength in numbers and all the notices that have been filed the judge will say $1,500 is not sufficient," she says.
As of right now, lawyers say they only know of a handful of the 1200 patients who plan to opt out of the lawsuit.
The proposed settlement will go before a judge for approval on Jan. 10.
The allegations made in the lawsuits have not been proven in court and the court has not taken any position as to the truth or merits of the claims or defences asserted by either side.
