Chemotherapy Dilution Settlement

A Class Action lawsuit has been filed that alleges that the negligence of Mezentco Solutions Inc., c.o.b. Marchese Hospital Solutions, Mezentco Inc., c.o.b. Marchese Health Care and MedBuy Corporation (collectively, the “Defendants”) caused Class Members to receive lower than intended dosages of the chemotherapy drugs cyclophosphamide and/or gemcitabine (the “Dosing Incident”). 

From this case, a settlement agreement has been reached wherein the Defendants and Hospitals will collectively pay $2,375,000, including legal fees and expenses, and expenses to administer the settlement, to settle the claims of Class Members and Family Class Members as well as the claims of the Ontario and New Brunswick provincial health insurers: 

• $1,800,000 for payments to Class Members, divided equally among all Class Members who do not opt-out; 
• $0 for payments to Family Class Members; 
• $100,000 to Ontario and New Brunswick Provincial Health Insurers; 
• $75,000 to the court appointed Administrator to pay for the costs of notice and claims administration; and 
• $400,000 for class counsel fees, disbursements and taxes thereon. 

Under the Settlement Agreement, the Defendants have agreed to also provide the Ontario Court with affidavits attesting to the steps they have taken to ensure the issues and concerns giving rise to the Dosing Incident have been satisfactorily addressed. Settlement Approval Hearing The Settlement and the proposed Class Counsel fees must be approved by the Ontario Court before it can come into effect. The Ontario Court will determine if the Settlement is fair and reasonable and in the best interests of the Class on January 10, 2017, at 10:30 a.m. at the Court House, 245 Windsor Avenue, Windsor, Ontario.

For a copy of the Executed Settlement Agreement click here.

Questions for Class Counsel should be directed as follows:

SUTTS, STROSBERG LLP
Tel: 519.561.6274
Email: sharon@strosbergco.com

McKENZIE LAKE LAWYERS LLP
Tel: 519.672.5666 ext. 343
Email: lombardi@mckenzielake.com

This notice contains a summary of some of the terms of the Settlement Agreement. If there is a conflict between this notice and the Settlement Agreement, the terms of the Settlement Agreement shall prevail. Read the full Press Release here.