Crosbie Firm Gives Notice to Class Members


Posted on Jan 08, 2010

In a February 2 court application lawyers for members of the Breast Cancer Testing class action will seek settlement approval and approval of the contingent fee agreement signed by the representative plaintiff and 348 class members.  The settlement includes $17.5 million in compensation and an independent audit of changes to health care. 

The compensation categories which the court will be asked to approve are as follows (the amounts are net after deduction of fees and expenses):

 

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

 

The notice to class members was sent today and is on Ches Crosbie Barristers website, along with the Settlement Agreement and Distribution Protocol.  The notice points out that the settlement does not include claims arising from misdiagnosis of breast cancer, for example a diagnosis of pre-cancer (DCIS) which was really invasive cancer.  Patients who have such claims may pursue individual lawsuits.

If the court application on February 2 is approved, the compensation fund administrator will make application forms available to class members who request one.  "The first payments will be made to category 1 patients," said Mr. Crosbie.  "Time is not on their side."

back to top


Bookmark and Share

©2010 Ches Crosbie Barristers, All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog