1. Sutts, Strosberg LLP and McKenzie Lake have commenced a class action on behalf of all cancer patients who received incorrect doses of chemotherapy medications, cyclophosphamide and gemcitabine, between January 1, 2012 to and including March 28, 2013.
2. The defendant in the lawsuit is the pharmaceutical company which prepared and supplied the drugs.
3. On March 27, 2013, Cancer Care Ontario was advised that there was an error in the doses of cyclophosphamide which they received over the past year. Click here to review the explanatory memo from the President and CEO of Windsor Regional Hospital.
4. On April 2, 2013, the affected patients received letters explaining that they received incorrect doses of their chemotherapy medication. Click here to review the letter that the patients received.
5. On Tuesday, October 18, 2016, at 10:30 a.m. the court will hear the plaintiffs’ motion for certification as a class proceeding. At the certification motion, the court will decide whether this is an appropriate case to move forward as a class action.
6. The certification motion will proceed on consent, meaning that all defendants agree that the motion ought to be decided in the plaintiffs’ favour. At the motion, the court will satisfy itself that the terms of the order are appropriate. The court will also order that Class Members be given a chance to opt out if they do not wish to be included in the action. Once the order is approved, a comprehensive notice will be sent to Class Members that details the certification and opt-out information.
7. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 1.800.229.5323, extension 8274.
8. If you would like to know more about how a class action works, click here.