Overview
This class proceeding arises out of an outbreak of tuberculosis. In April 2004, public health authorities were notified that a person with active TB (“Index Patient”) had attended medical appointments at certain healthcare facilities. The Durham Region Health Department ("Durham Health") conducted an investigation to identify and test individuals who were exposed to infection by the Index Patient. Durham Health notified approximately 1,600 individuals who were exposed to TB between February and April 2004. Over 1,384 people were tested for tuberculosis of whom 246 people tested positive for infection.
The class of persons the representative plaintiff represents is specifically detailed in the Certification Order. Generally, it is comprised of persons who were exposed to TB in the circumstances (except employees of Lakeridge), who were contacted by a public health authority or the Defendants and were advised they may have contracted and should be tested for TB, whether or not they tested positive. Class membership also includes certain family members and the personal representatives of the estates of class members.
The Defendants to the action are Lakeridge Health Corporation, a respirologist and a haematologist with whom the Index Patient had attended appointments. It is alleged that the Defendants failed to properly screen for and diagnose the Index Patient, and failed to take precautions to prevent the spread of TB to others. It is alleged that the Defendants’ failures resulted in losses or injury suffered by class members, including illness and psychological trauma.
The law firms of Koskie Minsky LLP and Roy Elliot O'Connor LLP represent the class.