Hi,
To class members: if you are looking for updates on the compensation information, please go online at http://www.nlbreastcancersettlement.ca. The last update was September 8th,it said that compensation payments will be sent out by the end of October.
Louise

Cheques will go out by end of October.

do your firm have information on when payment 2 are to be maid to claimits in the erpr class action

The settlement was intended to set up new processes and improvements to help ensure such a breach of quality never happens again. Your husband’s estate may have a substantial claim on the fund, although I do not understand why you are only now getting news of the result change. I recommend you call the settlement administrator at 1 866 553 1124.

Mr.Crosbie I've just been notified that my late husband er/pr testing was wrong and yes he did have breast cancer. He recieved 5 years of chemo and radiation only to find out 7 years after he has passed that it was all for nothing he suffered so much in those last 3 years. I need to know if his testing was right the first time if it would of made any difference in his outcome? He was the father of a 8 and 12 year old (both boys) at the time and he was the only one working in our household we managed at the time and It has been very difficult every since. I just found out about his testing and I'm not sure how to explain to our children who are also at risk for this horrible disease how the health care system is suppose to help. I'm sure most of this won't make sense to you cause I'm still in shock and very upset over this.(I've gone into mourning him all over again just thinking..what if..) Can you explain how all this is suppose to help and benefit my children.

I would like to address an story that was brought to my attention about a woman who was recently called and told she was scheduled that day for radiation therapy. The Oncologist who called her realized after, the woman couldn't believe she was being scheduled for treatment and was not notified, was obviously emotionally, mentally upset. The end of the story is, she had been mixed up with another patient. However, the damage was done. Again this proves that Eastern Health and The H.R. Bliss Murphy Oncologists are still making huge mistakes. This particular Oncolgist and I had words years ago. I had been scheduled by my Oncologist to be seen every three months, then six months, then yearly until I reached my five year mark. I went in for my usual three month follow-up. As I sat there waiting to be seen, my original Oncologist had left the Province and I was seeing this new Oncologist. Outside I could hear the Oncolgists talking and stating..."Oh this is another one of Dr. Ralph George's patients" Then I heard a female oncolgist say, "I'll see her". This female oncologist came in, sat down, and asked me, what type of cancer I had, what was my treatment and on and on. I realized she had not read my chart!!! She didn't have a clue. Once I finished telling her everything she needed to know. She abruptly asked me, "Why are you here". Shocked, I replied, "I was scheduled for this appointment". To which she replied, and I was only three years post diagnosis, "There is no need for you to be coming back here for appointments, your family doctor can follow-up. Your at your fifth year and you are cured of cancer". I was absolutely outraged and I looked at her and said..."There's a cure for cancer?", in a very ignorant and appalled tone, and she continued to say that, very ignorantly that I didn't need to be followed by anyone in the Cancer Cline and said again I was cured!!! I said to this female oncoclogist..."I want you to put in writing that I am cured of Cancer, because to the best of my knowledge there is no cure for cancer, and if you are telling people this, you shouldn't be working here" When I told her to put in writing that I was cured of cancer, she refused and it turned into a real verbal confrontation. Not only was I misdiagnosed but I was now talking to an Oncologist, who said there was cure for cancer. I insisted she put it in writing for my lawyer, of course, red in the face, she was, she refused and told me not to come back to the H.R. Bliss Murphy Cancer Clinic. I only found out recently, she wrote a two page letter, protecting her "bottom" on my file. My point of sharing this with all of you, is that it is so Obvious Eastern Health has not cleaned up their act. Breast and Ovarian cancer run in my family. Another female Oncologist, scheduled me twice for pre-admission for surgery to have my ovaries removed. Three times prior she canced my appointments. Twice I went in ready for surgery, to be told that I would not be having surgery!! I have similar stories that have followed me and caused great emtotional and mental worry, and fear that they were going to do it again and that was misdiagnos me. To date, I have never been physically well. So many mistakes by doctors. I even had a meeting with an Oncologist who said, when I told him what kind of cancer I had, etc, treatment, and what my Oncologist told me prior and post operatively, this Pathologist had the nerve to tell me, it wasn't written down, so it can't be true. Can you imagine going through everything and having some pathologist, who was in the lab, when the mistakes were being made, tell you it didn't happen that way. Blaming "the boob" who made the mistakes, but yet he was head of this Department. How much does one person have to suffer. All of you know when your diagnosed with cancer and a specific type, you don't forget one word they say to you! You remember it forever. People are complaining and making note that Danny Williams left this Province for better health care in the United States....by God if any of us could afford it, and what we have been through and know about the failing Health Care system here, I believe we would all be leaving this Province for better health care. The Government has to wake up. Our health care is failing. Some of the doctors are totally inept. The constant mistakes have to stop!! I am but one person with a story of mistakes, misdiagnosis, and suffering for the rest of my life, because inept doctors did not do what they should have done! When will it all end! God Bless, Kathleen

THE CRIME DOES NOT FIT THE PUNISHMENT

Ladies I hope you let the judge know that te amount being awarded in all categories is a not acceptable today, maybe 30 years ago. For the people who have lost a mother, wife, aunt, or sister we all know that no amount of money will bring them back, but for people who lost their wife/mother who was an income earner 75K would not replace one year salary, let alone a life time of earnings. For people who had to take time off work 5K is less then a months wages. I have NO problem with Mr. Crosbie’s fee he is the one who took on all the risk. But I hope the Judge will tell Eastern Health they have to over his 5 Million fee and that the full 17.5 will get divide amongst the class members.

People receive more for fender bender car accidents. I guess some of the ladies would have been better off getting hit by an Eastern Health Ambulance.

As a further comment to Louise M. Sellars, I should add that my last comment assumed that you were originally ER false negative and retested positive.

Settlements, like politics, involve the art of the possible. The test the court will apply next Tuesday is whether the settlement is fair and reasonable and in the best interests of the class. Class members are welcome to attend at the Court House, Water Street, St. John’s at 10 AM Tuesday February 2nd. I certainly hope that the showing on your right lung has nothing to do with the diagnosis of breast cancer seven years ago, but if it does, then you would qualify in Category 1 – which I know is slight consolation. I wish you the best of health in the future.

I find that the compensation offer is somewhat of an insult. I also feel that with regards to the categories for compensation, I am still not sure which category I fall into (presumably #3). No argument that the members in category #1 should be entitled to the greatest compensation, however the discrepancy between the first category and categories 2 and 3, seems somewhat outrageous. My personal circumstance was three whole years without proper treatment and diagnoses, at which time my results were receptor negative, then receptor positive, then receptor negative but because some cancer cells were positive I was treated as receptor positive and prescribed Tomoxifen. After three years with no treatment and then three years on Tomoxifen, I have now been taken off Tomoxifen and prescribed Auromasin. In addition to the physical stress, the mental stress has been phenomenal. The prospect of $15,000.00 seems rather paltry when referring to a person’s life and well being due to negligence. During the past month since the settlement announcement, I have been shocked to see that the highest paid member (category #4) will be compensated with only $75,000.00. In my situation, after 7 years since being diagnosed with Breast Cancer, surgeries and with misdiagnoses then after loosing 3 full years without the correct treatment (Tomoxifen) after all of this, now, I am having to get scans every 3 months because something has showed up on my right lung. This catastrophy has not ended for me, I still have sleepless nights with the worry of the cancer returning. I want so desperately to close this horrific chapter in my life. I have been somewhat reluctant in voicing my opinion and I wonder how many other members share my view that have yet to respond to the compensation package?

The settlement amounts are not subject to income tax. The only tax which arises is the services tax on legal services. This has already been deducted to arrive at the compensation amounts, which are net amounts after deduction of fees, disbursements and services tax.

This is a really low settlement amount. I think more compensation was in order. Just my opinion. Are you going to tax the settlement so the government gets back a percent as well? Crazy

We would all have liked to see more money in the settlement, however after three grueling days of mediation Ms. Doucette and her advisory committee of five class members did think that this was the best that could be done, without a delay probably stretching over years, which quite a few class members would not live to see. There are other important aspects to the settlement outside of the $17.5 million fund, which you can view set out in the settlement agreement on this website. As to the differential in compensation provided for categories 2 and 3 versus category 1, you should remember that the patients in category 3 did not suffer any bodily injury, at least not that we know about. It is an award for pure mental distress in contract and compares favorably to what Canadian caselaw allows. As to category 2, these unfortunate patients already had cancer spread to other organs when they were diagnosed and the harm they suffered was the contribution to quality of life and to longevity which hormone therapy would have represented. Newfoundland law does not recognize awards for general damages for deceased patients so we feel the amount is reasonable all things considered. The amounts were arrived at in an exercise of our best judgment as a legal team, with knowledge of the science and medicine and after extensive research of the caselaw. Finally, class members who have retained lawyers other than us will have to discuss the question of fees with those lawyers. We have set up the settlement in such a way that members should not need a lawyer to obtain compensation from the fund administrator, although if a class member wishes to use a lawyer for this purpose they may do so of course.

With all due respect Mr. Crosbie for your hard work and tiredless effort on behalf of the Class Action group, I would like to express my opinion, views and concerns regarding the $17 1/2 million dollars in the Class Action settlement. I feel that this was not a good financial settlement considering hould have received a mor reasonable the large number of Class Action members. In my opinion this amount of settlement did not demonstrate enough sincerty and respect from Eastern Health to try and settle closeure for members of the Class Action affected by this terrible tragedy.
I do believe Class Members who suffered recurrances of breast cancer deserve the highest rate of compenation for there pain and suffering and rightfully so for they have suffered tremendously.
However! I feel that the $15,000 dollars of compenation for category #2 & 3 should have been more reasonable in amount. It seems that the DECREPENCY between the MORE seriously affected (75,000) and the seriously affected (15,000)is extremely huge. The Class Members in category #2& #3 (15,000) should have received a more reasonable compensation package after all they are still living with the anciety, fear and uncertainty of what ramifications the future holds regarding recurrance of there cancer.
I am also concerned for Class Members who choose to go with a different lawyer rather than the Class Council lawyer(Mr. Ches Crosbie) who represented all the Class Members on the Class Action lawsuit. I don't understand how this plays out. If a Class Member has a seperate lawyer does the Class Council lawyer representing all members still receive 33.3% or is this 33.3% worked out between both lawyers where the compensation is not less than stated for the category the Class Member is listed to be in.

Mr. Innis - no amount of money is going to bring the mother of your children back. I agree the legal fee seems high compared to what we are going to receive but we did agree to it in the beginning and we thought it was fair then. Also, it's not like they get the full amount - he has to pay out 25% to another firm plus pay taxes on it, etc. Mr. Crosbie and his team have put a tremendous amount of work into this case, not even knowing initially what if any fee they would recover. I have no doubt a lot of resources were used and if it were not for his willingess to gamble on the outcome of this case, we would not receive anything. He took a chance on us - we took a chance on him. This was never for the money although there's no doubt the money will help a lot of people. This was to find the errors and make sure other families don't have to go through what we've had to go through. No amount of money can buy your health back. I think the total amount of the settlement will make Eastern Health pay more attention from now on. I'm just glad it's almost over and I'll be thankful for anything I get. The money is not going to make me forget what I've been through but hopefully it will help some people's quality of life from here on.

Again I have to say this, in my loudest tone, NO ONE FORCED US TO SIGN A CONTINGENCY FEE AGREEMENT! IT IS STANDARD PRACTICE FOR ANY LAW FIRM TO CHARGE THIS FEE ON ANY CASE FOR PAIN AND SUFFERING, ETC. We were all sent or signed a contingency fee agreement and because of that, you can't go back and blam Mr. Crosbie. If not for him, there would be no settlement at all. There would be no closure. No other lawyer would take a chance like Mr. Crosbie did. Imagine if we didn't get nothing at all! Mr. Crosbies law firm would take a huge financial hit. Every single lawyer in this City and else where has their clients sign a contingency fee agreement. Otherwise you have to pay out of your own pocket and trust me, no one can stand up to the Government or Eastern Health alone and AFFORD IT! A siingle person, they wear down until that person has no more money to fight it. I don't understand why people are not happy about the fact that there is closure.....Mr. Crosbie stood up to our Government and Eastern Health, the two biggest institutions, who deny deny deny any wrong doing in most cases. This is a major major win for all of us. I'm dying......I have no one....do you really think money is going to heal your heart....it doesn't, the pain will always be there for everyone who has lost a loved one to cancer! That hurt you feel and all of us do, will never go away. But it will get better over time. Please don't shoot the messenger! Without Mr. Crosbie, we would honesly have nothing! Kathleen Wiseman

James Innis is right, the fee is high. The risk was high. The amount of work required was also high. At a contingent fee of effectively 30.49%, I think you will agree that it is not quite right to say that "the only one who is going to gain from this is the law firm." Our notice documents were agreed to this morning by the defence lawyers, and we will give them immediately to Justice Thompson and hopefully make public notice of them this week. Compensation for a loss of the type suffered by James Innis and his four children can never be full, but it is our belief and the belief of the advisory committee that worked with us through the mediation that it is fair.

Mr. Crosbie, I wish to thank you for fighting this case uncertain if you would win. I and my four children finally have answers of why. The amount of people this ugly disease affected in that period is never really mentioned. The fact that the goverment does feel that the familes of the unfortunate ones that did not survive should be compensated for pain and suffering is appalling. Tell that to my four children, who at the time of their mother passing away where 11, 9, 7, and 5. If and when we receive any compasation, it will never be enough to bring back their mother.
I feel that the fee you charged is high. It takes away from the ones who are still suffering from this disease. I understand that we signed a agreement, and without you, we probably wouldn't have had closure. but I have a hard time seeing that the only ones who is going to gain from this is the law firm. There will be people who disagree with me, and some who will agree with me.

We had a meeting with Justice Thompson on December 1, just over a week ago. He had some questions and concerns which we have addressed in a letter to him. We have also been working on a form of notice to class members setting out notice of the provisions of the settlement and of the proposed legal fees, and also a detailed distribution protocol. These documents have taken up quite a bit of time and effort. The parties have agreed on Crawfords to do the fund administration. Once Crawfords and the Eastern Health lawyers have provided their comments on the notice and the protocol, which I hope will be tomorrow or Friday at the latest, these will be given to the judge. I have to allow the judge some time to review these, so that means that the notice will not go out until sometime next week, the week of Monday December 14.

Has anyone heard anything after yesterday's case management meeting?

This message is for Kathleen. I am very sorry to hear about how you've suffered in the past number of years. Cancer is a horrible disease and for you to be going through this is also horrible. I agree with you that it seems like people are coming out of the woodwork now that the settlement has been announced. I have every confidence in Mr. Crosbie that people will be compensated according to the extent of their injury. Of course people like you should get the bulk of the settlement. I'm sure those outside of the original 400 or so will just get a nominal amount for their "mental aggravation". They cannot compare to what you have gone through, nor can I because although I was denied Tamoxifen for six years, I have not have a recurrence and have been reasonably healthy. You deserve a good settlement and the sooner the better. Hopefully we will know more today. I wish you all the best Kathleen.

Of course residence of Newfoundland are priority. They live here. What's bothering me, is that Mr. Crosbie already knows who is in the Class Action Suit, and it sounds now that it is settled, people are now coming out of the wood work. Remember to look at the criteria Mr. Crosbie set out for settlement. I have been physically ill and the cancer has spread and have not had quality of life since diagnosis. I couldn't back to work, etc. Now it spread to my kidney and I had to have my kidney removed in August. My greatest wish is that what ever I am allowed, that I would be able to get before Christmas. It very well could be my last one. Who ever started under the class action suit, should be the only people who are compensated. Don't come after the settlement. Those of us who have been there from the beginning deserve what ever compensation we can get. It's really sad that people are coming out of the wood work like this because it affects all of us who have started from the beginning. No offense intended, that's just my opinion. Kathleen Wiseman

I was away last week and have seen the inquiry about class membership restricted to residency, today. Residency is a flexible concept and we intend this to be inclusive. For example, there are around 10 class members from St. Pierre, but in our concept they have a sufficient connection through being patients of Eastern Health to count as residents.

Dear Mr. Crosbie
What do you mean by: The Class is restricted to residents of Newfoundland and Labrador? Do you mean during the class period which was from 1997 to 2005? what if the person doesn't reside in NL now but was there during that time, will she be included in this class action or not? please provide your answer asap.

I would like to thank Mr.Crosbie and his staff ,a job well done. We could not have done it without you guys. Thank-you very much.

I am a little disturbed by some of the comments made regarding Mr. Crosbie making millions on the Class Action Suit. I also am under the Class Action suit and have been continually, as a single mother, battling cancer since 28. I will be 47 this month. I was mis diagnosed, then several unneccessary surgeries. A recontructive surgery I shouldn't have had and it is written in my reports "This lady is not a candidate for reconstructive surgery". Then all of a sudden I was. It turned out to be a mess. Then the excrutiating bone pain, 24/7 I have contend with. Please don't this the wrong way, but so many women were diagnosed, had their surgery and went on to live a normal life, with family and back to work. I didn't have any of these luxuries. What I want out of this is enough money to get back on my feet and be independent again. I just recently lost my kidney to cancer and I am physically ill. I have not had quality of life since diagnosis. I have suffered mentally, emotionally and physically. The mistakes kept on coming. My point, we should all be thanking Mr. Crosbie because at least he succeeded in getting all of us some compensation. No amount of money is going to bring back my health, but it will help me to get back on my feet and be independent. All of us signed a contingency fee agreement and no one put a gun to our heads so we all knew what to expect. Thank God Mr. Crosbie took this case and it cost a lot of money for Medical Mal Pratice Suits. Just be grateful we now have some closure! I would love to have my cheque now so I could enjoy Christmas for the first time in a long time. I thank you Mr. Crosbie for sticking in there and seeing this settlement to the end. Kathleen Wiseman

Response to Judy: Class members have every right to know about proposed fees and their impact. Don’t apologize for asking. The fee agreement with the representative plaintiff specifies 33.3%. This percentage fee has been ratified by 348 other class members who signed similar agreements. When we started the suit, Eastern Health was saying the error rate was 10%, a marginal rate of error from a legal standpoint. It was the class action that caused the Cameron Inquiry, not the other way around. Now we know the error rate was 50%. The suit was very risky and everything about it was extremely complex. I intend to reduce the 1/3 fee by the amount we were paid to represent the interests of class members at the Cameron Inquiry, which was $491,812.50. This is a voluntary contribution of almost half a million dollars to class members. The effective fee I propose to charge is $5,335,687.50, or 30.49% of the settlement amount of $17.5 million. I engaged a national class action law firm to help us maximize the outcome for class members and have agreed to pay 25% of my firm’s fee to them. Non-monetary items such as an independent audit of the implementation of the Cameron recommendations were also obtained, which the advisory committee thought were of great value. I am happy to answer more questions and all this will be fully explained to the court on January 18. You are welcome to attend. I will make the court documents respecting approval available to any class member who asks. I ask you to consider that we were the only law firm willing to take on this complex suit and that in the beginning success was far from obvious.

I am thankfull as well greatfull for the enormous efforts of Mr. Crosbie and his supporting staff for their timeless efforts put forward. For their professionalism and regular updates. Now is the time to look beyond this action and prepare for an error free future in Breast Cancer testing with Eastern Health. Remember that money is good servent but a poor master

Mr. Crosbie,
I sincerely hope I have not offended you I am just trying to make an intelligent observation on this settlement. I was under the impression that your firm was to recieve 33% of the settlement therefore; and I hope my math skills do not fail me, that would mean that you recieve 7 million of that settlement. That leaves 7.5 million to be divided towards 2000 victims of this tragedy. that means to my calculation that those victims will recieve 3500.00 each. I ask you to forgive me if I am wrong and I sincerely apologize for being realistic about the settlement dividends. Please do respond and clarify to me a brighter light on this case. Thank you for your time.

Mr. Crosbie,
I sincerely hope I have not offended you I am just trying to make an intelligent observation on this settlement. I was under the impression that your firm was to recieve 33% of the settlement therefore; and I hope my math skills do not fail me, that would mean that you recieve 7 million of that settlement. That leaves 7.5 million to be divided towards 2000 victims of this tragedy. that means to my calculation that those victims will recieve 3500.00 each. I ask you to forgive me if I am wrong and I sincerely apologize for being realistic about the settlement dividends. Please do respond and clarify to me a brighter light on this case. Thank you for your time.

The settlement amount of $17.5 million was not decided by the lawyers, rather it was decided by a representative group of class members, based on legal advice, who attended the hard bargaining that continued for three long days during the mediation. The class benefited from the presence of very experienced class action lawyers from British Columbia and Ontario who we brought into the case in the interests of maximizing the outcome and we will have to pay for their services out of our fee. The limitation of any money damages settlement is that it cannot bring anyone back and it can only provide some measure of solace to survivors and to the injured. The compensation may not be “full”, but it was perceived by the advisory client committee as being a fair settlement and a sincere tender of amends. It allows class members to heal their relationship with Eastern Health, and Eastern Health to complete the healing of the institution. Important non-monetary safeguards are in place, such as membership on an oversight committee and a public report from an authoritative investigator on the progress of implementation of the Cameron recommendations, to be delivered in 2012. My firm has a fee agreement with the representative plaintiff, and similar fee agreements with 348 ordinary class members. The fee agreement must be approved by the court, and the likely date for the approval hearing is now January 18. If Judy Lee or any other class member wishes to object to any aspect of the settlement, she is welcome to make her objection known to the court in writing, or to appear in court and be heard by the judge. Objections should be addressed not to the court, but to us and we will provide them to the court.

The number of people in the class, including a large number of estates, is 2,847. Compensation is allocated based on seriousness of injury and we will be making the details available next week.

Can you tell us how many people are listed in the class? There are media reports saying there are 3000 people another saying 685.

I find it hard to believe that mr crosbie will become a very wealthy man from this scandel with the breast cancer at eastern health. The real victims in this tragedy will merely recieve pennies for all their saddness and loss. Where has the real justice gone in this world. i watched my husband suffer greatly when his mom died through this huge mistake of easten health. There is no way to bring these people back and the remaning family members are left to suffer from all this. I can see the outcome before mr crosbie even posts it...He got rich and all the victims helped him to get there. God..what a tragedy!

This will answer some of the questions posed in the previous comments and also by email.

(a) The application and how to get it: This will be sent out by the administrator, probably in January.

(b) Expediting settlements for class members in poor health: There is a good prospect that cheques will be available by January.

(c) Will the settlement monies be divided equally between over 2,000 people: The settlement monies will be divided unequally based on severity of injury. There are four or five categories for this. Further details will be made available in the next week or two.

(d) Is it too late to apply for the settlement: Any person who fits within the class definition is a class member, unless he or she opted out. A letter will be sent out by the settlement administrator, probably in January. This letter will state your prequalification for a settlement category.

(e) A breakdown on the five harm or injury categories: These are: (1) no timely hormone therapy and recurrence, (2) no timely hormone therapy and stage IV at diagnosis, (3) no timely hormone therapy and no recurrence, (4) remaining class – no evidence of psychological injury, and (5) remaining class – evidence of psychological injury. The fifth category involves those in the fourth category who can establish a diagnosis of psychological harm. Alternatively, this might be called category 4B. Information as to the amount of compensation proposed for each category should be available within the next week or two.

(f) Meaning of resident: This is not intended to be restrictive and will include, for example, several patients from St. Pierre.

I'm relieved to know that closure is in sight to the letter that brought "my personal world crumbling" over 3 years ago with the notification that my original pathology of 1997 had been botched! It has been a long drawn out process for all Class Action Members! I feel as a result of the Cameron Enquiry lessons have been learned and hopefully future diagnoses will be diligently viewed through the lens of "state of the art" equipment only. Thank you Mr. Crosbie for your dedication, perserverance, and bringing justice back to the "health care" table --- you are to be highly commended for your representation.

Can you give us a breakdown on the five harm categories?

I am glad it is settled.I hope we can all put this behind us now.The pain and suffing that i have gone threw.Six years without treatment is a long time.How much and when.

Does (b) above mean "current resident" or resident at the time of the original HR/PR testing? I was a resident when I was diagnosed in May 1997 and received my treatment in NL, but I no longer live in the province and didn't at the time of the retesting.

Does (b) above mean "current resident" or resident at the time of the original HR/PR testing? I was a resident when I was diagnosed in May 1997 and received my treatment in NL, but I no longer live in the province and didn't at the time of the retesting.

When can i expect to receive if any for all all the pain @suffering i have gone throughespecially with accurance of lymphemonia,would i have gotten if received right treatment in begining.How much &when paid if any?

Does the foregoing mean that because I was refused hormone testing that I will not be compensated? As I indicated before the medical files are less than accurate, and now we have to depend on what they say. And it appears that Eastern Health's divide and conquer strategy has worked. I feel let down and abandoned regarding all the mistakes and indecisiveness that I have experienced.

I am glad it is settled but I don't feel charitable towards Eastern health at all.