Overview
This class proceeding arises out of an outbreak of tuberculosis. In October 2003, the Lakeridge Health Corporation reported to the public health authorities 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 2,800 individuals who were exposed to TB between February and October 2003. Over 2,155 people were tested for tuberculosis of whom 164 people tested positive for infection.
The class of persons the action represents is detailed in the Certification Order, below. Generally, it is comprised of persons who were exposed to TB in the circumstances, 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 all such persons.
The Defendants to the action are Lakeridge Health Corporation and a respirologist 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.