A possible settlement has been reached in a class-action lawsuit that alleges a health clinic in Ontario exposed its patients to the risk of contracting serious diseases including HIV, hepatitis C, and hepatitis B.
In the lawsuit, Kellesis vs. ParaMed Inc., the plaintiffs contended that the defendant, ParaMed Inc., did not adhere to public health standards in the sterilization of medical instruments used at the company’s wound-care clinics. This exposed “the Plaintiff and Class Members to the risk of contracting serious communicable diseases, including hepatitis C, hepatitis B, and HIV,” says a July 21 press release from McKenzie Lake Lawyers LLP, the law firm representing the plaintiffs.
ParaMed Inc. denies any and all liability and the court did not issue a judgement on the matter. Both parties have agreed instead on an out-of-court settlement.
If the proposed settlement is approved by the Ontario Superior Court of Justice, it will resolve the claims of all individuals who received wound care involving the use of medical instruments at ParaMed’s clinics on Barker Street, Huron Street, and Fullarton Street in London, Ont., between Jan. 1, 2008, and July 27, 2018.
The proposal also pertains to those who were contacted by ParaMed and advised that they may have been exposed to infection and should be tested for hepatitis C, hepatitis B, and HIV, and the clinics’ patients who have tested positive for hepatitis C, hepatitis B, or HIV, aside from those listed in the class-action suit.
“Under the proposed Settlement, ParaMed will pay $195,000.00 to settle the lawsuit with eligible Settlement Class Members receiving up to $25,000 for an HIV Claim, up to $15,000 for a Hepatitis B Claim, and/or up to $10,000 for a Hepatitis C Claim, provided that they submit a valid and timely Claim,” the release said.
The proposed settlement only becomes effective if the court awards approval of it, the plaintiffs’ lawyers said.
The Superior Court of Justice in London has scheduled a hearing for Sept. 29 via videoconference in order to consider approval of the proposed settlement. If approved, members of the class-action suit can participate in the settlement by submitting a compensation claim.
Those who wish to participate in the settlement are not required to act until the court approves the proposed agreement.
Participants can also object to the proposal and attend the hearing to present their argument. Those who wish to do so must submit a signed and completed objection to the claims administrator by Sept. 5.
