UPDATE: October 30, 2023
We are pleased to announce that the Settlement of the class action lawsuit against ParaMed Inc. (“ParaMed”) (the Defendant), Kellesis v ParaMed Inc, has been approved by the Court.
The lawsuit alleged that ParaMed failed to follow public health standards in the sterilization of medical instruments used at three of ParaMed’s London, Ontario wound-care clinics, exposing the Plaintiff and Class Members to the risk of contracting serious communicable diseases, including hepatitis B, hepatitis C, and HIV. ParaMed has not been found liable for any of the claims advanced in the lawsuit. The Parties instead decided to settle the lawsuit.
The Ontario Superior Court of Justice approved the Settlement on September 29, 2023, and Settlement Class Members are now able to make a Claim for compensation under the Settlement.
Notice of Settlement Approval & Claims Process
THE DEADLINE FOR SUBMITTING A CLAIM IS January 30, 2024.
Settlement Class Members who wish to claim compensation under the Settlement Agreement must complete the Claim Form and provide the necessary supporting evidence (as listed on the Claim Form) on or before January 30, 2024.
“Settlement Class Members” means all persons who (1) received wound care involving the use of medical instruments at ParaMed Inc.’s clinics located at 124 Barker Street, 1340 Huron Street, and 148 Fullarton Street, Suite 200 in London, Ontario between January 1, 2008 and July 27, 2018; (2) were contacted by ParaMed Inc. and advised that they may have been exposed to infection and should be tested for hepatitis B, hepatitis C, and HIV; and (3) tested positive for hepatitis B, hepatitis C, or HIV, or where such person is deceased, the personal representative of the estate of the deceased person.
For more information about the Settlement, including how to make a Claim and answers to frequently asked questions, contact the ParaMed Class Action Settlement Claims Administrator:
Attn: ParaMed Class Action Settlement Claims Administrator
McKenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
Toll-Free Telephone: 1-844-672-5666
Email: christina.noble@mckenzielake.com
Click here to view a copy of the Notice of Settlement Approval.
Click here to view a copy of the Claim Form.
Click here to view a copy of the Settlement Agreement.
Click here to view a copy of the Settlement Approval Order, dated September 29, 2023.
Click here to view a copy of the Reasons on Settlement, dated October 11, 2023.
UPDATE: July 20, 2023
We are pleased to announce that a proposed Settlement has been reached in the class action lawsuit against ParaMed Inc. (“ParaMed”) (the Defendant): Kellesis v ParaMed Inc.
The lawsuit alleges that ParaMed failed to follow public health standards in the sterilization of medical instruments used at ParaMed’s wound-care clinics, exposing the Plaintiff and Class Members to the risk of contracting serious communicable diseases, including hepatitis B, hepatitis C, and HIV. The Defendant denies any liability whatsoever, and the Court did not decide who was right. The Parties have instead decided to settle the lawsuit (Settlement Agreement).
Who Are the Settlement Class Members in the Proposed Settlement?
The Settlement Class Members are all persons who received wound care involving the use of medical instruments at ParaMed’s clinics located at 124 Barker Street, 1340 Huron Street, and 148 Fullarton Street, Suite 200 in London, Ontario between January 1, 2008 and July 27, 2018 and who were contacted by ParaMed and advised that they may have been exposed to infection and should be tested for hepatitis B, hepatitis C, and HIV, and who tested positive for hepatitis B, hepatitis C, or HIV, or where such person is deceased, the personal representative of the estate of the deceased person.
Settlement Approval Hearing:
The London Court will hold a Settlement Approval Hearing on September 29, 2023, to consider whether or not to approve the proposed Settlement.
Note: At this time, there is no money available for Settlement Class Members. The claims process has not yet begun. If the proposed Settlement is approved, Class Members may make a Claim for compensation under the Settlement.
Your Legal Rights and Options:
- If the proposed Settlement is approved by the Court, you can participate in the Settlement by submitting a Claim for compensation. If you wish to participate, you are not required to do anything until after the Settlement is approved.
- You can object to the proposed Settlement and attend the Settlement Approval Hearing to present that objection. If you wish to object to the proposed Settlement, you must submit a signed and completed Objection Form to the Claims Administrator on or before Tuesday, September 5, 2023 (Objection Form).
Your legal rights and options – and the deadlines to exercise them – are explained in more detail in the short-form Notice of Settlement Approval Hearing and long-form Notice of Settlement Approval Hearing. Please read these documents carefully.
To obtain more information, please contact Class Counsel by email at christina.noble@mckenzielake.com or call (toll-free) at 1-844-672-5666 ext. 7343.
UPDATE: January 14, 2021
McKenzie Lake Lawyers LLP would like to inform residents of Ontario that the class action against Paramed Inc. in respect of allegedly using improperly sterilized equipment in wound care services, was certified on September 22, 2020.
The Court has not taken a position as to the likelihood of recovery on the part of the plaintiff or class, or as to the merits of the claims or defences asserted by either side.
All persons who received wound care involving the use of medical instruments at Paramed Inc.’s Clinics located at 124 Barker Street, 1340 Huron Street, and 148 Fullarton Street, Suite 200 in London, Ontario between January 1, 2008 and July 27, 2018 and who were contacted by the Defendant and advised that they may have been exposed to infection and should be tested for hepatitis B, hepatitis C, and HIV, or where such person is deceased, the personal representative of the estate of the deceased person, are automatically included in the class action lawsuit. If someone who meets this definition does not want to participate in the class action lawsuit, they must opt-out. Those who opt out of the class action may be entitled to pursue a claim in a separate proceeding. Anyone who wishes to opt-out and not participate in the class action must send a written, signed election, including their name, address and telephone number by March 15, 2021 to McKenzie Lake Lawyers LLP c/o Paramed Class Action.
On August 20, 2018, the Middlesex-London Health Unit issued an advisory indicating that there was a lapse in infection prevention and control practices at four ParaMed Clinics in London between 2008 and July 27, 2018. As part of their investigation, public health inspectors found inadequate cleaning of critical devices used in wound care services. Wound care instruments were being re-used without sterilization or high-level disinfection between patients.
As such, the Health Unit is advising that anyone who received wound care at ParaMed Flex Clinic between this time, may be at risk of having acquired a blood-born infection, including Hepatitis B, Hepatitis C, and HIV.
For any inquiries with respect to this class action, please contact us directly by email (noble@mckenzielake.com) or by phone at 1-844-672-5666. If corresponding by email, be sure to include your name, your telephone number and a brief message.
