Stanley M. Tick

The plaintiffs brought a motion to approve a $9 million class action settlement and Class Counsel's fee agreement regarding a C. difficile outbreak at the defendant hospital.

The outbreak affected approximately 223 patients, 91 of whom died.

The court reviewed the settlement terms, which allocated funds based on the duration and severity of symptoms, and considered factors such as litigation risk, the recommendation of experienced counsel, and the single remaining objection.

Finding the settlement fair, reasonable, and in the best interests of the class, the court approved the settlement and the proposed legal fees of 21.5%.

The appellant underwent a laparoscopically assisted vaginal hysterectomy and subsequently developed a severe infection and an ileovaginal fistula.

She sued her gynecologist and the general surgeon who performed a subsequent exploratory laparotomy for medical malpractice, alleging a burn injury to her small bowel caused the fistula.

The trial judge dismissed the action, finding no breach of the standard of care and that the fistula was caused by infection, not a burn.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings of fact and concluding that the 'but for' test for causation was correctly applied.