Compensation Categories Announced


Posted on Dec 29, 2009

COMPENSATION CATEGORIES ANNOUNCED FOR

BREAST CANCER TESTING CLASS

 

 

The compensation categories for members of the Breast Cancer Testing Class Action were announced today by Ches Crosbie Barristers, the law firm for the Class Members. 

 

The settlement will be divided among Class Members according to the nature of their injuries and their medical histories.  An easy to complete application form will be made available.  There are six compensation categories:

 

Compensation Target

 

Category 1: Class Member whose test result changed from negative to positive, did not receive timely hormone therapy and suffered a breast cancer recurrence within 10 years of original diagnosis.

 

  $ 75,000.00

Category 2: Class Member whose test result changed from negative to positive, did not receive timely hormone therapy and had stage IV breast cancer at the time of initial testing.

 

  $ 15,000.00

Category 3: Class Member whose test results changed from negative to positive, did not receive timely hormone therapy and has not suffered a breast cancer recurrence.

  $ 15,000.00

Category 4: Class Member whose test results changed from positive to negative as set out in the settlement and who received hormone therapy.

 

  $ 10,000.00

Category 5: Class Member who does not fit in Categories 1, 2, 3, or 4 and who suffered a psychological injury as defined in the settlement.

 

  $  5,000.00

Category 6:  All other Class Members

  $  1,000.00

 

Ches Crosbie stated that the compensation targets are projections based on how many Class Members are expected to come forward and qualify within each category.  The compensation to each Class Member could be higher or lower than the target amounts if the number of approved claims differs from the projections.  Payments will be made to Class Members who fit the above descriptions.  If a Class Member has died, the payment will be made to her estate.  There are no separate payments for family members of the Class Member. 

 

Mr. Crosbie stated that payments will be made to patients who fit the above descriptions.  He added that if a Class Member has died, the payment will be made to her estate and will be no less than if the Class Member were still living.  There are no separate payments for family members of the Class Member.

 

“The class action concerned incorrect hormone receptor testing, as reflected in the class definition, and the settlement does not include claims for misdiagnosis of breast cancer”, Mr. Crosbie said.

 

Mr. Crosbie added that a separate arrangement for patients who have misdiagnosis claims and may wish to pursue them, is being worked out.  A formal notice will go out in the first days of January, and the hearing to approve the settlement will be held on February 2, 2010, at the Courthouse, Duckworth Street, St. John’s.

 

CHES CROSBIE BARRISTERS

169 Water Street, 4th Floor

St. John’s, NL  A1C 1B1

Telephone: 579-4000 or 888-579-3262

Facsimile: 579-9671

Email:  ccb@chescrosbie.nf.net

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