(Chemotherapy Dilution Dosing Incident Class Action)

Read the Court approved Notice carefully as it may affect your rights.

The Class

You are a Class Member in this class action if you were one of the 1202 cancer patients, or their estates, who underwent chemotherapy treatment at Windsor Regional Hospital, London Health Sciences Centre, Lakeridge Health, Peterborough Regional Health Centre or the Regional Health Authority B (Saint John Regional Hospital) (“Hospitals”), between February 6, 2012 and April 2, 2013 (“Class Period”). You are a Family Class Member if you are a living partner, spouse, child, grandchild, parent, grandparent or sibling of a Class Member.

What is the Action About

The Class Action lawsuit alleges that the negligence of Mezentco Solutions Inc., c.o.b. Marchese Hospital Solutions, Mezentco Inc., c.o.b. Marchese Health Care and MedBuy Corporation (collectively, the “Defendants”) caused Class Members to receive lower than intended dosages of the chemotherapy drugs cyclophosphamide and/or gemcitabine (the “Dosing Incident”).

Proposed Settlement

The Plaintiffs have entered into a proposed Settlement Agreement with the Defendants and Hospitals. This Settlement requires court approval before it can become effective.

According to the Settlement Agreement, the Defendants and Hospitals will collectively pay $2,375,000, including legal fees and expenses, and expenses to administer the settlement, to settle the claims of Class Members and Family Class Members as well as the claims of the Ontario and New Brunswick provincial health insurers:

  • $1,800,000 for payments to Class Members, divided equally among all Class Members who do not opt-out;
  • $0 for payments to Family Class Members;
  • $100,000 to Ontario and New Brunswick Provincial Health Insurers;
  • $75,000 to the court appointed Administrator to pay for the costs of notice and claims administration; and
  • $400,000 for class counsel fees, disbursements and taxes thereon.

The Ontario Court will determine if the Settlement is fair and reasonable and in the best interests of the Class on January 10, 2017, at 10:30 a.m. at the Court House, 245 Windsor Avenue, Windsor, Ontario.

Class Members and Family Class Members who do not oppose the settlement need not appear at the hearing or take any other action at this time.

If a Class Member or Family Class Member wishes to make an objection to the approval of the Settlement Agreement, they must forward their written statement of objection to the Administrator no later than December 7, 2016.   The written objection should include the following information:

  • The individual’s name, address, telephone number, fax number and e-mail address.
  • A description of the reasons that the individual believes that he or she is a member of a class described above.
  • A brief statement of the nature of and reasons for the objection.
  • Whether he or she intends to appear at the Court hearing in person or through a lawyer and if through a lawyer, the lawyer’s name, address, telephone number, fax number and e-mail address.

Opting Out

Class Members who want to participate in the settlement are automatically included and should not file the Opt Out Form discussed below.

If a Class Member does not wish to be bound by the Settlement Agreement, the Class Member must opt out of the lawsuit. To opt out, you must complete an Opt-Out Form, which can be obtained by contacting the Administrator or downloaded here.

This form must be returned to the Administrator no later than December 7, 2016. No further opportunity to opt out will be provided. An individual who opts out will not be eligible to participate in the Settlement. Any right to pursue a claim in a separate proceeding will not be affected. The Defendants and Hospitals have reserved all of their arguments based on statutes of limitation, prescription or repose for Class Members and Family Class Members who opt out of the Settlement.

No person may opt out a minor or a mentally incapable individual without permission of the Court after notice to the Children’s Lawyer and/or Public Guardian and Trustee, as applicable.

If a Class Member opts out, his or her Family Class Members will be deemed to have opted out also. The Family Class Members of any Class Member cannot opt out unless the Class Member does so as well. If a Class Member is deceased, his or her estate trustee has the right to opt out.

Additional Information

If approval is granted, and the Settlement Agreement is not terminated, payments to Class Members will follow (except all payments to minors must be paid into Court until the minor attains the age of 18).

Questions for Class Counsel should be directed as follows

Tel: 519.561.6274
Email: sharon@strosbergco.com
Tel: 519.672.5666 ext. 343
Email: lombardi@mckenzielake.com