Two related class actions arising from a tuberculosis exposure incident at a hospital sought court approval of a negotiated settlement and class counsel fees under the Class Proceedings Act, 1992.
The litigation followed exposure notices issued to thousands of individuals after two patients were diagnosed with tuberculosis, leading to claims of negligent failure to diagnose and prevent transmission.
After extensive discovery, expert evidence, and partial summary judgment dismissing claims of uninfected class members, the remaining infected class claims were scheduled for a common issues trial.
The parties reached a $1.7 million settlement establishing a compensation scheme based on varying likelihoods of causation.
The court held the settlement fell within a reasonable range and was in the best interests of the class, and it also approved a 30% contingency fee and honorariums for the representative plaintiffs.
