Breast Cancer Testing

Breast Cancer Testing

A class action lawsuit was filed in the Supreme Court of Newfoundland and Labrador on behalf of women who were misdiagnosed between 1997 and 2005. The lawsuit alleges a failure of quality control by the Eastern Regional Integrated Health Authority (responsible for the Cancer Care Program and the Bliss Murphy Cancer Centre in St. John's) in the testing of breast cancer tissue specimens for estrogen and progesterone hormone receptivity. Women may receive chemotherapy or Tamoxifen, depending on whether the testing is positive or negative for hormone receptivity.

In particular, post-menopausal women who tested negative, but who have now retested positive, may have received unnecessary chemotherapy instead of Tamoxifen. The suit also makes claim on behalf of a wider group of approximately 2,760 woman, who experienced mental distress and loss of faith in their health care upon learning through the media that their breast cancer pathology testing results may have been incorrect, and that they may therefore have received an inappropriate therapy. Lastly, the suit makes claim on behalf of a group of women who were diagnosed as having breast cancer, when they did not have breast cancer. These women may have received unnecessary surgery and unnecessary chemotherapy, and have been living with the fear of a recurrence of a cancer which they did not have.

On May 28, 2007, Justice Thompson certified a class action against Eastern Health. The definition of the class is as follows:

(a) Patients, including their estates, who underwent ER (estrogen) and PR (progesterone) receptor tests in which their breast tissue samples were tested at the Defendant's hospital during the Class Period; and

(b) Persons who have a claim for loss of consortium and loss of guidance, care and companionship on account of a relationship with a person in paragraph (a).

The Class is restricted to residents of Newfoundland and Labrador.

The "Class Period" is defined as: May 1, 1997 to August 8, 2005, or such other dates as may be approved by the court.

The class consists of mental distress claimants, and those who suffered personal injury by reason of false testing. The estates of deceased patients may also claim.

In September 2007, the Commission of Inquiry into hormone receptor testing granted standing, and a recommendation for funding, to the Members of the Breast Cancer Testing Class Action. Hearings took place over many months in 2008.

The report of the Commission was released on March 1, 2009.

For more information, or to register for the class action, please contact:

Sheri Geehan

Ches Crosbie Barristers

Toll Free: 1-888-579-3262

Telephone: 579-4000

Email: ccb@chescrosbie.nf.net

· Press Release Dec 12, 2006

· Affidavit of Heather Predham

· Affidavit of Dr. Gown

· Certification Application

· Statement Of Claim

· Statement of Defense

· Answers to Interrogatories

· Hutton Response

· Government announces Judicial Commission of Inquiry

· Terms of Reference

· Answers to Interrogatories of Heather Predham dated August 3, 2007

· Interrogatories to Dr. Gown (no Answers provided)

· Notice of Breast Cancer Testing Class Action, as approved by the Court, published August 2007

· Report from the Commission of Inquiry on Hormone Receptor Testing

Ches Crosbie has posted blogs to keep class members current. For example:

· Breast Cancer Testing: How Will the Cameron Report Impact the Class Action?

· Scandal At Eastern Health Not An Accident

· Scandal At Eastern Health Not An Accident (con't.)

· Thousands Injured by Cover-Up and Incompetence at Eastern Health

· The Cameron Report

Ches Crosbie Barristers
169 Water Street
St. John's, NL
A1C 1B1
Phone: (709) 579-4000
Fax: (709) 579-9671
Toll Free: (888) 579-3262
Get Directions