Lakeshore General Hospital – Colonoscopies Recall – Class Action

Date of Initial Application: September 13, 2012

On June 27, 2016, the Superior Court of Quebec approved the settlement in this file.

A copy of the Settlement Approval Judgment is available on this page.

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PLEASE READ THIS NOTICE ATTENTIVELY SINCE YOUR RIGHTS AND RECOURSES MAY BE AFFECTED BY A PROPOSED SETTLEMENT

Without any admission of wrongdoing or liability on the part of the respondents, the Lakeshore General Hospital and Dr. Gilles Bourdon, the parties have reached an agreement to settle this class action.

The settlement agreement definitively settles the class action in case number 500‑06-00623-120. If the Court approves it, it will have the effect of terminating any and all claims arising from the colonoscopies and its recall that you have or might have had against the respondents.

The advantages conferred upon the class members and set out in the settlement agreement may be summarized as follows, subject to withholdings by the Fonds d’aide aux recours collectifs:

  • Class members who had a cancer diagnosed during the recall colonoscopy will receive $20,000;
  • Class members who underwent a recall colonoscopy, which did not diagnose a cancer, will receive $500;
  • Patients outside the scope of the recall who, at their request, nevertheless underwent a colonoscopy arranged by the Lakeshore General Hospital during the recall period, which did not diagnose a cancer, will receive $500.
  • Patients who were sent a recall letter but did not undergo a colonoscopy will not receive any indemnity, unless they are able to prove that they underwent a colonoscopy at a private clinic or other medical facility between September 10, 2012 and December 31, 2012;

The complete terms of the settlement agreement and of the notices to class members are available on this page.

This settlement agreement will be submitted to the Honourable Justice Robert Castiglio of the Superior Court of Québec on June 23, 2016, at 9:30 AM, in Room 15.07 of the Montreal Courthouse, 1 Notre-Dame Street East, Montreal, Québec, for his approval. Justice Robert Castiglio, S.C.J. will also be asked to authorize the class action solely for the purpose of approving the settlement agreement.

You have nothing to do if you wish to be bound by the settlement and the eventual judgment of the Court approving same.

Objection Process

If you wish to contest the approval of this settlement agreement, you must submit a signed objection notice on or before June 8, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons behind your objection, whether you intend to be present at the court hearing on June 23, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known).

This notice should be sent to the attorney acting on behalf of the class, Mtre David Assor, at:

Mtre David Assor

Lex Group Inc.

4101 Sherbrooke Street West

Westmount, QC, H3Z 1A7

Email: davidassor@lexgroup.ca

Fax: (514) 875-8218

Telephone: (514) 451-5500 (ext. 321)

The Lakeshore General Hospital is now part of the Montreal West Island Integrated University Health and Social Services Centre (IUHSSC). Info-IUHSSC: 514 630-2123.

 

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LEX GROUP Inc. has launched and is pursuing a class action on behalf of all persons who underwent a colonoscopy performed by Dr. Gilles Bourdon at the Lakeshore General Hospital (hereinafter the “LGH“) and who were not alerted at the time to any issues or conditions requiring further testing or treatment (excluded are those persons who, between the time of the said colonoscopy performed by Dr. Bourdon and the LGH’s September 12, 2012 news conference which announced the recall of all colonoscopy patients of Dr. Bourdon, underwent another colonoscopy performed by a different doctor who also did not alert the patient to any issues or conditions requiring further testing or treatment).

Indeed, it appears that many if not all of the colonoscopies conducted by Dr. Gilles Bourdon at the LGH  were conducted improperly and therefore, the doctor in question may have missed certain so-called flat lesions along the colon or other possible problems such as pre-cancerous or malignant lesions.

If you or someone you know underwent a colonoscopy at the Lakeshore General Hospital by Dr. Gilles Bourdon specifically, you may be included in this class action, and you may be entitled to compensation should the case be successful in the future by way of final judgment or settlement approved by the Court.

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.