Labrador City - Hospital Sterilization Failure (SETTLED)
A class action lawsuit was filed on November 25, 2003 in the Supreme Court of Newfoundland and Labrador against Health Labrador Corporation, the hospital board responsible for Captain William Jackman Memorial Hospital, Labrador City. The suit was filed on behalf of residents of the Labrador City area who have been injured by the failure of the hospital to follow proper sterilization procedures at gynecology clinics between October 2001 and March 2003.Settlement Approval
On August 16, 2007, Justice Russell approved the settlement of this Class Action. A copy of his Decision is attached below. Under the agreement, $450 shall be payable to affected women and $100 to spouses. Claim forms must be filled out in order to obtain the agreed amount. The hospital is responsible for claims administration. The Claims Administrator will send a claim form to everyone on the list.
The terms of settlement are contained in the attached Settlement Agreement. The settlement includes non-compensatory relief aimed at improving health care in the region. This relief provides as follows:
7.1 Within sixty (60) days of the Final Order Date, the Defendant shall publish in The Aurora and 53 North magazine a notice outlining changes in policy and procedure which have been implemented in response to the sterilization breach, and will include in the notice an apology to the Plaintiff and members of the Class. The Defendant shall also, within sixty (60) days of the Final Order Date, place on its corporate website a copy of the same notice which is to be published.
7.2 The Defendant's Chief Executive Officer, Boyd Rowe, shall be available to the media to discuss and publicize the changes in sterilization procedures implemented by the Defendant and shall apologize to the Plaintiff and members of the Class.
7.3 The Defendant shall appoint a community representative, approved by the representative plaintiff, to the Environmental Services Team responsible for developing infection control processes.
7.4 The Defendant's insurer shall, within six months conduct an educational seminar on the topic of infection control.
For more information on this case please select one of the topics below.
- Introduction
- Statement Of Claim
- Press Release
- Affidavit of Representative Plaintiff
- Affidavit of Solicitor
- Application for Class Certification
- Litigation Plan
- Schedule 1
- Press Release - February 9, 2004
- Settlement-April 2007
- Settlement Agreement
- Decision
Update - October 2006
The Certification hearing took place September 21 and 22, 2004. Defence counsel wished to make further written submissions. These were completed by the end of January 2005. By decision dated July 7, 2005, Justice Russell certified the class as requested by the plaintiff, Brenda Rideout.
The hospital has filed defence and admits that a mistake occurred, ie. that there was a failure to properly sterilize the instruments. They take issue with the claim that affected women or their partners have suffered injury for which the law should provide compensation. Their focus is therefore on minimizing or disproving the damage claim.
In February 2006 the formal Certification Order and Notice of Certification were finalized. They may be viewed below.
The Defendant has agreed to mediate a possible settlement on October 20, 2006, in Labrador City/Wabush.
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