OPT-OUT DATE: MARCH 31, 2008
CLAIMS BAR DATE: MAY 30, 2008
Madam Justice Hoy has approved settlement of this matter on December 14, 2007.
A fairness hearing was conducted on November 27, 2007.
Madam Justice Hoy released Reasons in connection with the plaintiffs’ motion requesting certification of the action as a class proceeding and approval of the proposed Settlement Agreement.
After further follow-up by class counsel, Madam Justice Hoy issued a Judgment certifying the action as a class proceeding and approving the Settlement Agreement.
The class proceeding lawsuit against Salim Daya and Hamilton Health Sciences Corporation which was commenced earlier this year is being broadened and expanded significantly.
Hamilton Health Sciences Corporation had announced on March 3, 2004 that Dr. Salim Daya had used an obsolete and unacceptable medical procedure on 93 patients at HHSC between January, 1998 and April, 2003.
The Hospital admitted that a procedure known as Tompkins Metroplasty was obsolete and an unacceptable medical practice as of 1998.
Tompkins Metroplasty is used to treat infertility through excision of a septum dividing a uterus or to correct some other abnormality in uterine shape.
Shortly after the announcement was made, three separate class action lawsuits were commenced against Daya and Hamilton Health Sciences Corporation.
Lawyers acting for the class now say that Tompkins Metroplasty has not been accepted in the medical community as a proper and appropriate procedure since 1990.
An alternative procedure called a hysteroscopic Metroplasty has since 1990 been generally accepted in the medical community as the standard of care for treating septate uterus and other uterine abnormalities.
A hysteroscopic Metroplasty does not involve an abdominal incision, but rather is performed through insertion of a scope through the vagina.
The Tompkins Metroplasty is far more invasive, involves use of a general anesthetic, lengthy recovery time, high rates of infection, etc.
In addition, after undergoing a Tompkins Metroplasty, a woman cannot deliver a child naturally and must give birth by caesarian section.
Women who undergo a hysteroscopic Metroplasty will have a shorter recovery time than a woman who undergoes a Tompkins Metroplasty.
A “fresh” Statement of Claim issued in the Ontario Superior Court of Justice on December 22, 2004, against Salim Daya and Hamilton Health Sciences Corporation seeks damages of $55,000,000.00 on behalf of the women affected as well as $2,000,000.00 in damages for affected family members.
The new Statement of Claim consolidates the three prior class proceedings and alleges that the Tompkins Metroplasty has been obsolete and not in accordance with the accepted standard of medical care since 1990.
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