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Class Action Lawsuits
So Now We Have the Truth: Where’s the Reconciliation?
The overarching purpose of the Cameron inquiry into the hormone receptor testing fiasco was truth and reconciliation. On Monday, March 2, when the report of the Commission is released to the public, we will get truth, certainly more truth than Eastern Health wanted us to know. But what about reconciliation?
It is an unavoidable fact that Eastern Health has never admitted wrongdoing and has not formally bound itself to pay a penny to injured patients. Anyone who looks in the court file or on my website will see that responsibility is denied.
Yes, the lawyers for Eastern Health’s insurance company have been willing to work toward a court assessment of money damages in a selection of patient cases. And yes, I too thought that this seemed like a good plan. But the value of that plan to class members is doubtful without a full assumption of responsibility by Eastern Health. Without that, all the court can give is an opinion on amounts which might be payable – if Eastern Health were responsible. There would be no enforceable judgment. Without an admission by Eastern Health that it is responsible to pay damages to injured class members, Eastern Health is not bound to pay anything, even after court assessment of damages in individual cases, and not even to the individuals whose cases have been heard and whose damages have been assessed.
This way of proceeding is also time consuming, and time is something many class members do not have on their side.
So to fulfill the reconciliation objectives of the public inquiry, there are two things Eastern Health should do and do right away.
It should bring emotional closure to injured patients by admitting that it did wrong. And it should complete that closure with a tender of financial amends, by agreeing to mediation in St. John’s with a national profile mediator and with the government and the doctors’ insurer at the table.
The creation of a settlement fund does not require an exact calculation of how much ultimately will be paid out. It just requires that the victims be reasonably confident that claims are covered. If at the end of the day there is a surplus, it can go back to the donor, or be applied to other good purpose. For one recent example of a settlement in a high profile suit, the Maple Leaf Foods tainted food class action, see http://www.mapleleafclaim.com/claim.php?locale=en_CA&page=court_documents.
The point is, if the parties are willing, an almost infinite variety of creative solutions are available to honor the rights and interests of everyone by putting a global settlement fund in place and by doing it soon. A mediation to achieve a timely solution can take place within months.
Eastern Health should admit their wrongdoing and take responsibility to make financial amends to the injured. It should agree to mediation. We have the truth, now injured patients – and the public – have a right to expect Eastern Health to do the right thing. They have a right to reconciliation.
St Louis Bankruptcy Blog
What Is An Attorney Only Chapter 13 Bankruptcy Payment Plan?
Date: 09/03/2010Missouri Injury Blog
Everything You Need To Know About Motorcycle Helmets
Date: 09/03/2010Personal Injury Attorney News
What Car Accidents are Costing You
Date: 09/03/2010Personal Injury Attorney News Portal
Pedestrian Injured in Bus Accident
Date: 09/03/2010Pedestrian Injured in Bus Accident is a post from: Personal Injury Attorney News Portal
Personal Injury Lawyer News
Fullerton Car Accident Injures Three
Date: 09/03/2010Fullerton Car Accident Injures Three is a post from: Personal Injury Lawyers News
Personal Injury Lawyer Report
Pedestrian Injured in San Diego Car Accident
Date: 09/03/2010Pedestrian Injured in San Diego Car Accident is a post from: Personal Injury Lawyer Report
Personal Injury Lawyer Journal
San Diego Hit-And-Run Collision Injures Pedestrian
Date: 09/03/2010San Diego Hit-And-Run Collision Injures Pedestrian is a post from: Personal Injury Lawyer Journal
Personal Injury Questions and Answers
Woman Injured in San Diego Hit-and-Run Car Accident
Date: 09/03/2010California Injury Blog
Motorcycle Accident Causes Major Injuries
Date: 09/04/2010
A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else's negligence. I pray he recovers quickly and completely from his injuries.
This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury LawyersVirginia Wrongful Death Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
California Personal Injury Blog
Pasadena Hit-and-Run Crash Injures Elderly Pedestrian
Date: 09/03/2010Pasadena Hit-and-Run Crash Injures Elderly Pedestrian is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers
Halifax Personal Injury Blog
Traumatic Brain Injury a "Disease" not an "Event"
Date: 09/02/2010Traumatic Brain Injury Claims
New research published in this months issue of the Journal of Neurotrauma advocates treating traumatic brain injury as a chronic disease process, rather than an isolated event.
As a brain injury lawyer, I wholeheartedly agree with the conclusions reached in the article.
Brain Injury the Beginning of a Process
The authors of the study, Brent E. Masel and Douglas S. DeWitt from the Univesity of Texas Department of Neurology state that:
The purpose of this article is to encourage the classification of traumatic brain injury (TBI) as the beginning of a chronic disease process, rather than an event or final outcome. Head trauma is the beginning of an ongoing, perhaps lifelong, process that impacts multiple organ systems and may be disease causative and accelerative.
The authors review how a brain injury is often the start of a degenerative process that may cause further injury, even death, months or years after the initial trauma. The conclusions reached by the authors no doubt will be supported by brain injury survivors, their family's and those that advocate for survivors.
Chronic traumatic brain injury disease should be reimbursed and managed on a par with all other chronic diseases. Only then will the individuals with this condition get the medical surveillance, support, and treatment they so richly deserve. Only then will brain-injury research receive the funding it requires. Only then will we be able to truly talk about a cure.
Virginia Car Accident Lawyer Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
Halifax Sexual Abuse Claims Blog
Priest Sexual Abuse Class Action Filed in Montreal
Date: 09/02/2010A new class action has been filed in Quebec alleging sexual abuse by priests.
The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.
The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.
I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.
I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.
Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.
Halifax Medical Malpractice Blog
Doctor Sues to Silence Patient
Date: 07/28/2010I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.
Dr. Sues Her Patient
She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.
Gag Orders
Last year I posted about a similar issue Doctors Forcing Patients to Sign Gag Orders .
Catherine's post indicates that some doctors are becoming more aggressive about trying to prevent patients from exercising their right to freedom of expression.
Coming to Canada?
I'm not aware of any similar suits here in Canada, but the online doctor rating sites like Rate MD are a great resource for Canadians. Is it only a matter of time before we start to see doctors suing their own patients?
What do you think? Let me know by posting a comment.
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