The law firm representing cancer patients in Ontario and New Brunswick who received diluted doses of chemotherapy says it has a settlement.
The class-action filed against Mezentco Solutions Inc., Marchese Hospital Solutions, Mezentco Inc., Marchese Health Care and MedBuy Corporation, alleges negligence is to blame after 1,200 cancer patients, including 290 in the Windsor-Essex area and 691 in London, received a lower than intended dose of cyclophosphamide and gemcitabine. The allegations have not been proven in court.
The settlement is for a total of over $2.3-million. Of that, $1.8-million will be divided amongst class members who do not opt out of the settlement, $100,000 will be paid out to provincial health insurers in Ontario and New Brunswick, $75,000 to the court-appointed administrator and $400,000 for class counsel fees, disbursements and taxes.
Those class members who chose to opt out of the settlement agreement will have to forward a written objection to the administrator, MacKenzie Lake Lawyers, no later than December 7.
The Ontario patients were treated at Windsor Regional Hospital, London Health Sciences Centre, Lakeridge Health and Peterborough Regional Health Centre.
Lawyer Harvey Strosberg of Sutts Strosberg LLP says, "Given the circumstances, this is an excellent settlement."
The settlement still needs court approval.