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Canadian Class Action Filed Against Lakeridge Health Corporation and Brooklin Medical Centre Alleging Negligent Exposure to TB

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Case ID: 3397 | Drugs / Medical | 05/13/2004

A class action has been filed against Lakeridge Health Corporation and the Brooklin Medical Centre, Inc., on behalf of all persons who were negligently exposed to tuberculosis by their contact with a tuberculosis carrier at any of the Ontario, Canada, facilities between February 1 and October 23, 2003, and who were later contacted by any public health authority or the defendants and advised that they might have contracted TB, or who actually contracted the disease. The action seeks $200 million in compensatory damages, and $20 million and punitive damages.

Named plaintiff Garrett Joseph Healey is a 53-year-old fare collector at the Toronto Transit Commission. He had appointments with his family doctor at Brooklin on April 22, August 11, and October 8, 2003. He also accompanied his children to the Lakeridge hospital in Oshawa in July 2003. On October 23, 2003, he was allegedly informed by a representative of the local public authority, the Regional Municipality of Durham, that as a result of his attendance at Brooklin on April 22, he may have contracted TB through contact with someone who had an active case of the disease, and that he should be tested. He subsequently discovered that he had in fact contracted TB.

The proposed class consists not only of people who were directly exposed, but those whose possible exposure can be traced secondarily to the facilities through a person who was directly exposed at one of them. The action alleges that the TB carrier was displaying disease symptoms at the time he or she went to appointments at the health facilities, and that facility officials failed to take the proper precautions to prevent transmission of the disease. It is thought that over 1,800 people may have been exposed to the infection.


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