A Superior Court judge has awarded a $2.375-million settlement to just under 1,200 cancer patients who received a lower than prescribed dose of chemotherapy during treatment.
In a written decision made on Friday, Justice Gregory Verbeem stated he is "satisfied that the terms of the settlement are fair, reasonable and in the best interests of the class members as a whole, and the settlement is hereby approved."
The settlement will award about $1,500 to each member of the class-action suit.
In 2012 and 2013, 290 patients at Windsor Regional Hospital and 691 at London Health Sciences Centre received a weaker than prescribed dose of chemotherapy. Patients in Peterborough and New Brunswick were also treated will the diluted drug.
A number of the patients involved in the lawsuit criticized the settlement prior to its approval, stating the settlement was too low. Back in January, around 20 of the victims attended a hearing at the Superior Court of Justice in downtown Windsor, and implored the judge to reject the offer.
However, a lawyer on the defendant’s side warned that the plaintiff’s case was not strong enough to warrant more compensation. There was also a concern that no settlement would be awarded if the class-action suit went to trial.
In his ruling, Justice Verbeem says there would have been "significant litigation risk" for members of the suit due to a lack of available evidence. Verbeem also says, while there were a total for 48 objections filed against the settlement, he does "not find that the objections, either individually or cumulatively, provide an adequate basis for concluding that the settlement falls outside the 'zone of reasonableness.'"
Marchese Hospital Solutions, Marchese Health Care, Medbuy Corporation, Windsor Regional Hospital, London Health Sciences Centre, Lakeridge Health, Peterborough Regional Health Centre and Regional Health Authority were all named as defendants in the class-action suit.
