On December 24, 2008, a class action was commenced against University Health Network ("UHN") in relation to an outbreak of Pseudomonas aeruginosa ("Pseudomonas") in the Medical/Surgical Intensive Care Unit, solid organ transplant stepdown unit and the solid organ transplant ward of the Toronto General Hospital between December 1, 2004 and March 31, 2006. The class action was certified by the Ontario Superior Court of Justice on November 14, 2011.
After lengthy negotiations, a settlement was reached on December 4, 2013. The Settlement Agreement provides for $2.5 million to be awarded to the plaintiffs. This includes the Settlement Fund to be distributed to the Class Members, funds for the claim from the provincial health insurer,costs of Class Counsel fees (which will include the costs of notice and administration), as well as disbursements and taxes in the following amounts:
- Settlement Amount: $2,500,000.00
- Less OHIP claim: ($75,000.00)
- Less Class Counsel fees: ($750,000.00)
- Less taxes on fees: ($88,500.00)
- Less disbursements: ($50,000.00)
- Less honouraria: ($20,000.00)
- Amount for claims: $1,516,500.00
These amounts must still be approved by the Court, which must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members. The Court will also consider Class Counsel's request for fees, disbursements and taxes.
A Settlement Approval hearing has been scheduled before the Honourable Mr. Justice Belobaba, as follows:
September 12, 2014 at 10:00amOsgoode Hall, Courtroom 5130 Queen Street WestToronto, Ontario
UHN denies that it has violated any law or engaged in any wrongdoing. The parties agreed to resolve these matters before these issues were decided by the Court.
Class Members who disagree with the Settlement Agreement or the amount they have been awarded may submit a written objection to Class Counsel at Rochon Genova LLP. The deadline for written objections is September 8, 2014. Objections must not be sent directly to the Court.Class Members do not have to attend the Settlement Approval hearing but may do so if they wish, and Class Members who have submitted a written objection may present arguments with regards to the proposed Settlement.
Class Members who agree with the Settlement Agreement do not have to do anything. If the Settlement Agreement is approved, Rochon Genova LLP will write to all Class Members to let them know of any further steps that need to be taken.
ROCHON GENOVA LLP
121 Richmond St. W, Suite 900
Toronto, Ontario M5H 2K1
Toll Free: 1-800-462-3864