A group of cancer patients who received a lower than prescribed dose of chemotherapy says it is not going away.
Angry a settlement reached between their lawyer, Harvey Strosberg of Windsor and Marchese Hospital Solutions awards each of them just $1,500; the group is considering its options.
"We would love for a lawyer to step forward, someone," says Colleen Campbell with the group. "We're just lay-people. We don't understand what we can and can't do."
Many in the group say they are not happy with the advice of their lawyer that a large financial settlement is very unlikely based on similar cases in Canadian law. Strosberg has told survivors it is a good deal and they risk coming away with nothing if they don't accept the settlement.
The settlement is still before a Windsor judge. Justice Gregory Verbeem has yet to return with his ruling after hearing from 20 of the survivors in court last month. He was expected to either approve or reject it January 10, but instead, he told the court he would have to consider the testimony.
Although many of the survivors hope the judge rejects the settlement, Campbell says the group has not yet decided if it will launch a new legal battle. In the meantime, she says they are looking for an expert witness.
She says it is not just about the money. The victims want to be heard.
"That they acknowledge what they did, openly. And then, openly apologize," says Campbell. "What are you going to do to change that it doesn't happen again?"
Campbell says there is now a support group for those affected by the trauma of learning they have cancer, finding out they did not get the medicine they needed, and the ensuing class-action.
In 2012 and 2013, 290 patients at Windsor Regional Hospital and 691 at London Health Sciences Centre received a weaker than prescribed dose of chemotherapy, along with patients in Peterborough and New Brunswick. A total of 1,200 Canadians were affected by the error. Some of the patients have since died, including Campbell's sister and husband.