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South West Health Privacy Breach

Hemeon & Magee v. South West District Health Authority

Nova Scotia Supreme Court File: Hfx No. 398067 

 

NOTICE OF PROPOSED SETTLEMENT OF SOUTH WEST NOVA DISTRICT HEALTH AUTHORITY PRIVACY BREACH CLASS ACTION

 

PLEASE READ CAREFULLY. IGNORING THIS NOTICE WILL AFFECT
YOUR LEGAL RIGHTS
 
WHO IS ELIGIBLE?

A proposed settlement (“Settlement”) has been reached in the South West Nova District Health Authority privacy breach class action. We (Wagners) are class counsel in this class action.
 
In 2012, letters were sent to some individuals from the South West Regional Health Authority advising them that their personal health information had been inappropriately accessed by an employee.

The Settlement applies to all Class Members. Class Members are:

All living persons who were sent letters from the South West Regional Health Authority advising them that their personal health information had been inappropriately accessed by an employee, excluding:

a. Living persons who subsequently received letters advising them that their personal health information was not inappropriately accessed; and
 
b. Any persons who opted out of the class action by providing a valid opt-out form by the opt-out deadline.
 
HOW MUCH WILL I RECEIVE UNDER THE SETTLEMENT?

The Settlement provides for a $1 million (CDN) settlement payment, which will be used to pay
$1,000.00 (CDN) to each Class Member, as well as legal fees, the costs of notifying Class Members about the Settlement, and the costs of distributing
the payments.

Class Members will each receive a $1,000.00 (CDN) cheque by regular mail. You must deposit your cheque within six (6) months from the time they are mailed by us.
 
If you are a Class Member and have moved residences since June of 2012, we invite you to contact us by telephone or email as soon as possible to provide your updated mailing address as soon as possible. This will help ensure you receive your payment of $1,000.00.
 
If any cheques are returned as undeliverable, we will try to locate you within thirty (30) days of it being returned.
 

SETTLEMENT APPROVAL HEARING – JUNE 22, 2017 AT 9:30 A.M.
 The Settlement will only be effective if the Court approves it as being fair, reasonable and in the best interests of Class Members. The Court will determine this at a Settlement Approval Hearing on June 22, 2017 at 9:30 at the Law Courts Building, 1815 Upper Water Street, Halifax, Nova Scotia.
 

OBJECTION TO SETTLEMENT- DEADLINE OF JUNE 19, 2017
 If you wish to object to the Settlement, you may submit a written objection to us. Your written objection must be received by us no later than June 19, 2017 at the mailing address or email address provided be low. We will file copies of all objections with the Court. Do NOT send an objection directly to the Court. You may attend the Settlement Approval Hearing and you may make oral submissions to the Court. 
 

LEGAL FEES

At the Settlement Approval Hearing, we will request approval for payment of our legal fees, disbursements and applicable taxes. We have pursued this lawsuit on a contingency basis and will seek approval from the Court for such payment in accordance with the terms of our retainer agreement. 

CONTACT US FOR MORE INFORMATION OR TO UPDATE YOUR ADDRESS

If you have any questions or wish to update your mailing address, please contact us by email at classaction@wagners.co or by telephone at 1-800-465-8794 I 902-425-7330. Our mailing address is Wagners, 1869 Upper Water St., Halifax, Nova Scotia, B3J 1S9.

 

 

  • Update – June 15, 2017

    A proposed settlement has been reached with respect to the privacy breach at the South West District Health Authority.

    Please read the Notice of Proposed Settlement for further information.

    The proposed settlement must be approved by the Nova Scotia Supreme Court. The approval hearing will take place on June 22, 2017 in Halifax.

  • Update – May 10, 2016

    All Counsel appeared in the Nova Scotia Supreme Court on today’s date for a regularly scheduled Case Management Conference. The Conference was held before the Honourable Justice Arthur Pickup.

    As a result of the postponement of the trial, original scheduled for hearing in April 2016, Justice Pickup assigned the following schedule leading up to the common issues trial in this class action lawsuit:

    • December 31, 2016 – Plaintiffs’ Supplemental Expert Report due;
    • January 31, 2017 – Defendant’s Expert Rebuttal Report due;
    • June 19, 20, 21, 22, 26, 27, 28 and 29, 2017 – Common Issues Trial.

     

  • Update – March 2, 2016

    On today’s date, Counsel for the Plaintiffs and Class Members sent correspondence to the lawyers representing the Wright Medical Defendants concerning the recent disclosures that have been made over the last several weeks.

    Counsel for Wright Medical replied concerning the disclosure and an agreement has been reached to postpone the trial, scheduled for April 11, 12, 13, 14, 18, 19, 20 and 21, 2016.

    All Counsel will appear for a Case Management Meeting on May 10, 2016 at which time new trial dates and schedules will be assigned.

  • Update – February 19, 2016

    We have provided our witness list to Counsel for the Defendants for the upcoming common issues trial scheduled to be heard in April 2016.

    Further materials were also disclosed by the Defendants.

  • Update – February 12, 2016

    On today’s date, we received further disclosure materials from Counsel for the Defendants, Wright Medical. 

  • Update – January 22, 2016

    All counsel have completed the exchanging of expert reports and rebuttal reports.

    We have also agreed with Counsel for the Defendant on filing timelines for the documents required for the upcoming trial in April 2016.

    The parties have agreed to the following schedule for the filing of their documents, as follows:

    • February 12, 2016 – Witness Lists due
    • March 23, 2016 – Trial Briefs due 

     

    A further case management conference will be held in the near future to discuss further procedural steps prior to the trial.

     

  • Update – October 29, 2015

    We are continuing to request responses from Counsel for the Defendant to the undertakings and questions which arose at the discovery examination of the representative from South West Nova District Health Authority.

    In addition, we have agreed with opposing counsel that the schedule for the filing of expert reports with respect to certification should be amended to reflect the ingoing exchange if information in an effort to narrow the scope of the issues.

    Counsel for the Defendant has advised Justice Pickup that the parties have agreed to the following timelines for the provision of expert reports: 

    • Disclosure of expert reports by both parties to be filed by November 30, 2015; and 
    • The parties may provide expert rebuttal reports by December 30, 2015, if any.

     

  • Update – July 9, 2015

    On today’s date, Wagners received correspondence and motion documents from Counsel for the Defendants with respect to its request for production from the Plaintiffs.

    Copies of the Defendants’ motion documents may be found under the Court Documents tab.

  • Update – June 4, 2015

    Counsel appeared before the Honourable Justice Arthur Pickup on today’s date for a Case Management Conference. At the Conference, Justice Pickup set down a schedule for the future conduct of this class action, as follows:

    • Common Issues Trial – April 11, 12, 13, 14, 18, 19, 20 and 21, 2016;
    • Defendant Production – July 31, 2015;
    • Expert Report Disclosure – October 30, 2015; and
    • Expert Rebuttal Reports – November 30, 2015. 

     

    Justice Pickup also scheduled the date of July 24, 2015, for Special Chambers to deal with the following two matters:

    • i. Refusal by the Plaintiffs during discovery to provide production; and
    • ii. Motion by Defendants seeking production of name and addresses of all persons who have contacted Plaintiffs’ counsel to express an interest in this proceeding as a putative class member. 

     

    With respect to the above, Justice Pickup set down the following filing schedule for the July 24, 2015 hearing:

    • Defendant’s Brief – July 9, 2015;
    • Plaintiffs’ Brief – July 16, 2015; and
    • Defendant’s Reply Brief – July 20, 2015.

     

  • Update – April 27, 2015

    On today’s date, Wagners sent correspondence to Counsel for the Defendant enclosing Interrogatories which we have asked to be answered.

  • Update – April 2, 2015

    On today’s date, Wagners received further undertaking responses from the Defendant.

  • Update – March 26, 2015

    We received partial fulfillment of the undertakings arising out of the discovery examinations from the Defendant. There remains approximately 20 undertakings for the Defendant to fulfill.

    We have also suggested to Counsel for the Defendant that a case management conference be arranged before Justice Pickup so that the scheduling of pre-trial procedures and dates for trial may be discussed.

  • Update – November 20, 2014

    We have now received copies of the transcribed transcripts of the discovery examinations. Efforts are continuing to fulfill all undertakings.

  • Update – August 15, 2014

    The discovery examinations of the representative plaintiffs and an individual who provided evidence on behalf of the South West District Health Authority were completed yesterday.

    A number of undertakings were given at the examinations and the parties are in the process of securing the requested information and fulfilling the undertakings.

  • Update – May 14, 2014

    The discovery examinations have been scheduled for August 14, 2014.

  • Update – April 4, 2014

    We are having discussions with Counsel for the Defendant concerning the scheduling of discovery examinations.

  • Update – March 7, 2014

    We have received the Defendant’s Affidavit of Documents and have sent a letter to opposing counsel requesting that we proceed to discovery examinations of the parties.

  • Update – March 3, 2014

    Further to Counsel for the Defendant’s request, we have provided copies of the documents contained in our Affidavit of Documents in unredacted form.

  • Update – February 26, 2014

    We sent correspondence to Counsel for the Defendant on today’s date requesting that they provide us with their Affidavit of Documents.

  • Update – December 5, 2013

    Our Affidavit of Documents on behalf of the Plaintiffs has been sent to Counsel for the Defendant, South West Nova District Health Authority. We have also requested that the Defendant provide us with their Affidavit of Documents.

  • Update – October 21, 2013

    On Friday, October 18, 2013, the Defence was filed with the Supreme Court of Nova Scotia on behalf of the Defendant, South West Nova District Health Authority. The Defence may be viewed on the Court Documents tab.

  • Update – September 10, 2013

    We understand that Class Members are receiving the Notice of Certification by mail. Please read our letter to Class Members which explains your rights and the opt-out process if you choose to exercise the option to be excluded from the class action.

  • Update – August 26, 2013

    Counsel appeared before the Honourable Justice Arthur Pickup on August 26, 2013 for the commencement of the Plaintiffs’ motion for certification. An agreement was reached with Counsel for the Defendant which allowed for the lawsuit to be certified as a class action by consent. Copies of the Orders and other pleadings may be found on the Court Documents tab.

    As this matter is now certified, and pursuant to the notice provisions contained in the Order of Justice Pickup, the Notice of Certification is available for viewing. The Defendant will also be sending a copy of the Notice to all known Class Members by direct mail.

    We ask our Class Members to please review the Notice as it contains important information concerning your legal rights as a member of the class action.

  • Update – April 23, 2013

    The Defendant’s Affidavit in opposition to our motion for certification may be found on the Court Documents tab. We have not included the Exhibits to the affidavit in our ongoing efforts to continue to protect our clients’ privacy.

  • Update – February 28, 2013

    The Plaintiffs’ filed their evidentiary record with the Court on January 31, 2013.

    A copy of Michael Dull’s affidavit is available for viewing on the Court Documents tab. We have chosen not to upload our clients’ affidavits in our ongoing efforts to protect our clients’ privacy.

    The Defendant’s certification record is due to be filed on March 31, 2013.

  • Update – December 18, 2012

    The Plaintiffs’ filed their Notice of Motion for Certification with the Nova Scotia Supreme Court on December 17, 2012. A copy of the Notice in PDF format may be viewed on the Court Documents tab.

  • Update – December 6, 2012

    The Plaintiffs’ motion for certification of the proposed class proceeding as a class action is scheduled to be heard on August 26 – 28, 2013 in the Nova Scotia Supreme Court in Halifax.

    In addition to the hearing of the motion, deadlines have also been set for various procedural matters, as follows:

    • December 31, 2012 – Plaintiffs to file Notice of Motion 
    • January 31, 2013 – Plaintiffs to file Evidentiary Record 
    • March 29, 2013 – Defendant to file Evidentiary Record 
    • June 14, 2013 – Plaintiffs to file Certification Brief 
    • July 5, 2013 – Defendant to file Certification Brief 
    • July 12, 2013 – Plaintiffs to file Certification Reply Brief

     

  • Update – August 1, 2012

    The Honourable Justice Arthur Pickup has been assigned to case manage this proceeding.

  • Update – July 26, 2012

    Wagners have sent correspondence to the Supreme Court of Nova Scotia to request that a Case Management Judge be assigned to this proposed class proceeding. Once a Judge has been assigned we will update this News page with further information.

  • Update – June 20, 2012

    On June 20, 2012, Wagners filed their Notice of Action and Statement of Claim with the Supreme Court of Nova Scotia on behalf of those individuals who have been subjected to the inappropriate breach of their private medical files. A copy of the claim in PDF format may be viewed on the Court Documents tab above.

The following documents concerning the class action which has been filed by Wagners in relation to the privacy breach at facilities governed by the South West District Health Authority are available for viewing in PDF format:

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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