UPDATE: No Ruling Yet For Diluted Chemotherapy Litigants In CourtJanuary 10, 2017 11:59am
A ruling has yet to be made regarding a class-action lawsuit involving patients who received diluted chemotherapy treatment in 2012.
Twenty members of the lawsuit were in the Superior Court of Justice in downtown Windsor on Tuesday, objecting to the settlement, which would end up paying about $1,500 to each member.
A decision on the settlement was expected to be made in court Tuesday afternoon. However, as of Tuesday evening, no ruling had been announced.
A lawyer on the defendant’s side has warned that the plaintiff’s case is not strong enough to warrant more compensation. The lawyer stated that the dilution of the chemo drug was within a range found to be medically acceptable, and there were no adverse health effects as a result.
The plaintiffs are pointing to past, similar cases in Ontario, in which very few members of two separate classes received compensation after taking their cases to litigation.
About 290 patients at Windsor Regional Hospital and 691 in London received the less than optimum chemotherapy dose in 2012. They were among 1,200 patients in Ontario and New Brunswick who were affected.