A proposed settlement has been reached which resolves the claims related to the alleged diluted chemotherapy incident at various Ontario and New Brunswick Hospitals between Feb. 4, 2012 and April 2, 2013.
A class action was brought on behalf of individuals against Mezentco Solutions Inc., cob Marchese Hospital Solutions, Mezentco Inc., cob Marchese Health Care and MedBuy Corporation. They alleged negligence by the company caused about 1200 cancer patients to receive lower than intended dosages of the cancer drugs cyclophosphamide and/or gemcitabine.
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.
The settlement represents a resolution of the disputed claims, and the defendants and hospitals do not admit any wrongdoing or liability in connection with the class action.
The proposed settlement is for $2,375,000 and includes payments to class members, provincial health insurers, payments towards legal costs, and payments for notice and claims administration.
Kate Warner of Windsor is among the victims named in the lawsuit. Warner tells CTV Windsor she is both "shocked" and "relieved" about the settelment.
“While these were difficult and protracted negotiations, the defendants and hospitals should be commended for dealing with this issue in a fair and considered manner," said Michael Peerless of McKenzie Lake Lawyers LLP, co-counsel for the plaintiffs, in a news release.
According to Harvey T. Strosberg, Q.C. of Sutts Strosberg LLP, co-counsel for the plaintiffs: "This is not a good settlement. Given the circumstances, this is an excellent settlement."
Further information for class members is available at the website https://www.mckenzielake.com/practice-areas/class-actions-law/chemotherapy-dilution
