Resolution reached in class-action suit

A class-action lawsuit involving colposcopy patients at the Miramichi Regional Hospital that St. John’s lawyer Ches Crosbie was co-counsel in, has reached a proposed settlement it was announced on Friday.

Crosbie partnered with Wagners law firm in Halifax to sue the Miramichi Regional Hospital on behalf of patients of the colposcopy clinic.

The case surrounded nearly 2,500 women that may have a risk of infection of Hepatitis and/or HIV as a result of the use of unsterilized forceps that were used at the Miramichi Regional Hospital in New Brunswick.

The settlement provides for a C$1.275 million payment that will be used to pay each class member who submits a claim form within the time provided. If approved, the settlement approval notice and claim form will be mailed to class members.

Each person submitting a claim form will be entitled to no less than C$350, but not exceeding $1,000. In addition, the legal fees, costs of notifying class members and the cost of distributing the payments will be covered if the settlement is approved.

“We are pleased to have reached a fair resolution of this matter,” Ray Wagner, Q.C., of the law firm Wagners in Halifax said in a news release.

“We believe that the proposed settlement provides for reasonable compensation for class members and avoids protracted litigation,” he added.

The court must approve the settlement.

If the settlement is approved, it will apply to all class members, which is defined as follows:

All persons living as of the effective date (the date the court approves the settlement) who were patients of the colposcopy clinic at the Miramichi Regional Hospital who received correspondence in 2013 from the Horizon Health Network advising of the risk of infection associated with the colposcopy clinic not following recommended cleaning practices on forceps used for biopsies and excluding any persons who opted out of the class action by providing a valid opt-out form by the opt-out deadline.

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