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Windsor

Diluted Chemotherapy Survivors To Meet Over Class-Action Settlement

With the deadline fast approaching for members of a class-action lawsuit over diluted chemotherapy drugs, some will meet Sunday in Windsor to discuss the settlement.

Last month, Sutts-Strosberg LLP reached a settlement with the company that supplied bags of chemotherapy drugs used on 1,200 cancer patients in Ontario and New Brunswick. That includes 290 patients treated at Windsor Regional Hospital and 691 treated at London Health Sciences Centre. The settlement is for $2.3-million, of which $1.8-million will be split among the members.

Louise Martens is organizing the meeting at the Moose Lodge at 777 Tecumseh Rd. W.

She says the settlement, which works out to less than $1,500 per member, is a slap in the face.

"I believe it's completely unfair," Martens says. "I'm one who received diluted chemo. I wonder all the time, is it going to come back? Was it ever gone? Are they just stringing me along?"

The rest of the settlement reached with Mezentco Solutions Inc., Marchese Hospital Solutions, Mezentco Inc., Marchese Health Care and MedBuy Corporation will go to provincial insurers in Ontario and New Brunswick, the court-appointed administrator and to cover class counsel fees, disbursements and taxes.

By Tuesday, December 7, members will have to decide whether to opt out of the lawsuit and hire their own lawyer if they wish to pursue another settlement, file a notice of objection to the administrator, MacKenzie Lake Lawyers, or accept the settlement reached.

Martens says the amount of the settlement hit many patients hard, herself included and has caused further trauma.

"As you can imagine, just getting the diagnosis and then finding out you need chemo, and then a few months later finding out you were underdosed," she says. "All of that was traumatic enough."

Last month, lawyer Harvey Strosberg said in a statement "Given the circumstances, this is an excellent settlement." But Martens disagrees.

"I'd rather have received zero than to receive $1,500 because that's not what a life should be worth," she says. "I don't know what the right number is, but $1,500 will not pay for a headstone. It's not paying for cremation. It's not paying for the daily worry of family and friends. Family get zero."

She isn't sure how many patients will attend the meeting. She hopes if the group can reach a consensus perhaps they can affect change.

The meeting Sunday starts at 1pm.

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