Proposed Settlement Reached in ParaMed Class Action
LONDON, ON, July 21, 2023 /CNW/ - A proposed Settlement has been reached in the class action lawsuit Kellesis v ParaMed Inc.
The lawsuit alleges that ParaMed Inc. ("ParaMed") (the Defendant) failed to follow public health standards in the sterilization of medical instruments used at ParaMed's wound-care clinics, exposing the Plaintiff and Class Members to the risk of contracting serious communicable diseases, including hepatitis C, hepatitis B, and HIV. The Defendant denies any liability whatsoever, and the Court did not decide who was right. The Parties have instead decided to settle the lawsuit.
If approved by the Ontario Superior Court of Justice, the proposed Settlement will resolve the claims of all persons who (1) received wound care involving the use of medical instruments at ParaMed's clinics located at 124 Barker Street, 1340 Huron Street, and 148 Fullarton Street, Suite 200 in London, Ontario between January 1, 2008 and July 27, 2018, (2) 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 (3) tested positive for hepatitis C, hepatitis B, or HIV, other than those with Excluded Claims.
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 proposed Settlement must be approved by the Court before it becomes effective. The Ontario Superior Court of Justice (London Courthouse) will hold a Settlement Approval Hearing on Friday, September 29, 2023 at 2:30pm EST virtually over Zoom to consider whether or not to approve the proposed Settlement. If the proposed Settlement is approved by the Court, Settlement Class Members can participate in the Settlement by submitting a Claim for compensation. If Settlement Class Members wish to participate, they are not required to do anything until after the Settlement is approved. Settlement Class Members can object to the proposed Settlement and attend the Settlement Approval Hearing to present that objection. If they wish to object to the proposed Settlement, they must submit a signed and completed Objection Form to the Claims Administrator on or before Tuesday, September 5, 2023.
McKenzie Lake Lawyers LLP of London, Ontario is Class Counsel, representing the Plaintiff and Settlement Class.
Further information and documents related to this class action, including the long-form Notice of Settlement Approval Hearing, Settlement Agreement, and Objection Form, are available on Class Counsel's website: https://www.mckenzielake.com/paramed-class-action/. If the Court approves the proposed Settlement, a Notice of Settlement Approval that includes information on how to make a Claim for compensation will be posted to Class Counsel's website.
PARAMED CLASS ACTION: NOTICE OF SETTLEMENT APPROVAL HEARING |
Please read this Notice carefully – your legal rights may be affected. |
A proposed Settlement has been reached in a certified class action lawsuit against ParaMed Inc. ("ParaMed"): Kellesis v ParaMed Inc., Ontario Superior Court of Justice Court File No. 1862/18. The lawsuit alleges that ParaMed failed to follow public health standards in the sterilization of medical instruments used at ParaMed's wound-care clinics, exposing the Plaintiff and Class Members to the risk of contracting serious communicable diseases, including hepatitis B, hepatitis C, and HIV. ParaMed denies any liability whatsoever, and the Court did not decide who was right. The Parties have instead decided to settle the lawsuit. |
Who are Settlement Class Members in the Proposed Settlement? |
All persons who received wound care involving the use of medical instruments at ParaMed's clinics located at 124 Barker Street, 1340 Huron Street, and 148 Fullarton Street, Suite 200 in London, Ontario between January 1, 2008 and July 27, 2018 and who were contacted by ParaMed and advised that they may have been exposed to infection and should be tested for hepatitis B, hepatitis C, and HIV, and who tested positive for hepatitis B, hepatitis C, or HIV, or where such person is deceased, the personal representative of the estate of the deceased person |
What benefits are available to eligible Settlement Class Members under the Proposed Settlement? |
ParaMed has agreed to provide a settlement fund of $195,000.00 to pay successful Settlement Class Member claims as well as certain fees and expenses, including Class Counsel Fees in an amount to be approved by the Court. Depending on the infection(s) suffered, eligible Settlement Class Members may make one or more of three categories of Claims: a Hepatitis B Claim ($15,000), a Hepatitis C Claim ($10,000), or an HIV Claim ($25,000). The quantum of the payments to Claimants with Approved Claims will be reduced pro rata if the Settlement Fund is insufficient to pay all of the Approved Claims. Contact McKenzie Lake Lawyers LLP ("Class Counsel") for more information about eligibility and supporting evidence for making a Claim. |
APPROVAL HEARING: The proposed Settlement must be approved by the Court before it becomes effective. The Court will decide whether or not to approve the Settlement on Friday, September 29, 2023 at 2:30 pm EST virtually over Zoom at the London Courthouse, 80 Dundas Street, London, ON N6A 6A3. Check Class Counsel's website (below) regularly after that date to see if the Settlement has been approved. You can also register with Class Counsel to be notified by email if the Settlement is approved. |
YOUR LEGAL RIGHTS AND OPTIONS:
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To obtain more information, visit Class Counsel online at https://www.mckenzielake.com/paramed-class-action/, email [email protected] or call 1-844-672-5666. |
This Notice was approved by order of the Ontario Superior Court of Justice. This is not a solicitation from a lawyer. |
SOURCE McKenzie Lake Lawyers LLP
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