More than three years after the scandal first broke, plaintiffs in a class action lawsuit seeking compensation for diluted chemotherapy drugs may soon agree on a deal.
The two sides involved announced a proposed settlement back in November, and a Windsor judge will evaluate it to see if it’s fair, reasonable and in the best interest of the class Tuesday morning.
The total settlement all parties have agreed on is for $2,375,000. Under the terms of the deal, class members will receive about $1,500 each after legal fees and expenses.
Lawyer Sharon Strosberg, who has worked on the case, says some of the plaintiffs still aren’t happy with it.
“There’s a range of objections. Some of them don’t agree with the financial terms, others would like an apology, others wish the litigation to continue, there’s a whole potpourri of objection,” said Strosberg.
It was back in April of 2013 when it was discovered the diluted chemo solutions prepared by Marchese Health Care were given to over 1,100 patients, nearly 700 of them at the London Health Sciences Centre.
Strosberg says the settlement is about acknowledging the psychological impact the diluted treatment had on patients and their families.
“We haven’t been able to find any evidence from any class member that the diluted chemotherapy caused cancer to return, or if somebody had died, caused death,” said Strosberg.
“Really, what we’re talking about here, is compensation for the upset, or psychologoical injury, of being advised that they had diluted chemotherapy.”
The hearing is expected to begin around 10:30 a.m.