CDHA Privacy Breach
Moore & Schinold v. Capital District Health Authority
Nova Scotia Supreme Court File: Hfx No. 390420
NOTICE OF PROPOSED SETTLEMENT OF
CAPITAL 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 Capital District Health Authority privacy breach class action. Class Counsel in this class action consist of three law firms: Patterson Law, Wagners and Valent Legal.
In February 2012, letters were sent to some patients of the Capital District Health Authority advising them that their personal health information had been inappropriately accessed by an employee. These patients are now entitled to a remedy under the proposed settlement.
The Settlement applies to all Class Members who have not previously opted out of this class action. Class Members are defined as:
(1) All living persons, who are related by blood or marriage to Katharine Zinck Lawrence, and who were sent letters from the Capital District Health Authority advising them that their personal health information had been inappropriately accessed by Katharine Zinck Lawrence between the years 2005 and 2012 (the “Family Class”); and,
(2) All living persons, who are not related by blood or marriage to Katharine Zinck Lawrence, and who were sent letters from the Capital District Health Authority advising them that their personal health information had been inappropriately accessed by Katharine Zinck Lawrence between the years 2005 and 2012 (the “Non-Family Class”).
HOW MUCH WILL I RECEIVE UNDER THE SETTLEMENT?
Each Class Member is entitled to receive compensation under this settlement. Each direct relative of Katherine Zinck Lawrence will receive a cheque of $2,750. Each non-relative of Katherine Zinck Lawrence will receive a cheque of $1,400. These cheques will be directly mailed to each Class Member if the settlement is approved by the court. Class Members must deposit their cheques within six months from the date they are mailed.
Any Class Member who believes they have been misclassified as a Non-Family Class Member when, in fact, they are related to Katharine Zinck Lawrence may challenge their classification by submitting proof to Class Counsel for review among the Parties.
In addition, there is an arbitration process for Class Members who feel that they have been affected by the inappropriate access of personal health information in a manner that warrants higher compensation. Such individuals may submit a claim in writing to an independent Arbitrator who has the discretion to award a total of up to $8,000. Any payments already received will be deducted from any Arbitration Award (i.e. if you have received $1,400, and the Arbitrator awards $5,000, you will receive up to an additional $3,600, dependent on the number of claimants and amount of total awards). Participating in the arbitration process does not risk forfeiting your Guaranteed Payment. There is no assurance that Class Members who submit claims to the Arbitrator will be awarded money beyond their Guaranteed Payment.
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. This will help ensure you receive your cheque.
SETTLEMENT APPROVAL HEARING – OCTOBER 31, 2018 AT 2:00 P.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 October 31, 2018 at 2:00 p.m. at the Law Courts Building, 1815 Upper Water Street, Halifax, Nova Scotia.
OBJECTION TO SETTLEMENT – DEADLINE OF OCTOBER 19, 2018
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 October 19, 2018 at the mailing address or email address provided below. 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.
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. As part of the settlement, the Defendants are paying $100,000 plus HST to Class Counsel towards fees and disbursements, as well as $7,500 plus HST towards the costs of administering this settlement. Should this amount be approved by the Court, there will be no legal fees deducted from individual payments to class members.
CONTACT US FOR MORE INFORMATION OR TO UPDATE YOUR ADDRESS
The Settlement Agreement is available on our websites at: www.valentlegal.ca
If you have any questions or wish to update your mailing address, please contact us by email at email@example.com or by telephone at 902-443-4488.
Our mailing address is 700-1741 Brunswick Street, Halifax, Nova Scotia, B3J 3X8
A Notice of Action and Statement of Claim were filed on April 5, 2012.
Various amendments to the claim have been filed, most recently on February 18, 2016.
The case was certified as a class proceeding on March 4, 2016.
The deadline for members of the class to opt-out of the action was June 30, 2016.
On February 14, 2012, the Capital District Health Authority (CDHA), based in Halifax, Nova Scotia, issued a statement advising that they were in the process of contacting 105 patients who were subjected to a breach of confidentiality with respect to their medical records.
After a lengthy audit, it was determined that the personal medical information of these 105 patients was improperly accessed by a former employee of the CDHA. The former employee had also accessed personal information of another 15 patients on previous occasions.
While the CDHA has apologized to the individuals that had their sensitive and personal information inappropriately accessed, and are initiating steps to avoid similar incidences in the future, the fact that the records were easily accessed and viewed in an improper manner is of grave concern.
The protection of sensitive, personal and private information must be ensured and is expected to not be subject to improper access. This is especially so when it concerns hospital and medical records of patients. These individuals have a right and an expectation that this information is private and only to be used for the purposes of any medical treatment they may receive. The mere fact that these sensitive and private records were so easily accessible for untoward purposes is a highly offensive invasion of privacy.
On April 5, 2012, Wagners Law Firm filed a proposed class proceeding with the Nova Scotia Supreme Court on behalf of those patients who suffered a breach of their personal data.
Update – March 4, 2016
The Honourable Justice Rosinski has confirmed the consent certification of this class action.
A copy of the Order granting certification may be viewed under the Court Documents tab.
Update – February 19, 2016
On today’s date, our co-counsel sent correspondence and documentation to the Nova Scotia Supreme Court concerning the privacy breach at the Capital District Health Authority.
Counsel for the Defendants have consented to the certification of the lawsuit as a class proceeding.
Update – February 2, 2016
Our co-counsel, Robert Pineo of Patterson Law, is continuing to work with counsel for the Defendants to narrow any outstanding issues and to refine the process as this file progresses.
We will post further updates and news once further events transpire.
Update – December 10, 2015
The certification hearing which was scheduled to be heard before the Honourable Justice Rosinski on December 9 & 10, 2015 did not proceed as previously scheduled.
Discussions with opposing counsel are proceeding in an effort to narrow the issues involved with respect to certification. Justice Rosinski has asked that counsel keep him apprised of the status.
Updates will be posted here as events progress.
Update – July 21, 2015
The case management conference proceeded on June 23, 2015 before the Honourable Justice Wood.
Justice Wood set down the following schedule and deadlines with respect to the Plaintiffs’ motion to certify the proceeding as a class action:
- July 10, 2015 – Notice of Motion & Affidavits re: Certification
- August 14, 2015 – Defendants’ Affidavits re: Certification
- September 30, 2015 – Completion of Cross-Examinations
- November 4, 2015 – Plaintiffs’ Brief re: Certification
- November 25, 2015 – Defendants’ Response Brief re: Certification
- December 2, 2015 – Plaintiffs’ Reply Brief
- December 9 – 10, 2015 – Hearing of Motion for Certification
Update – May 5, 2015
Correspondence from the Honourable Justice Rosinski was received today concerning the scheduling of a case management conference to schedule dates for the hearing of the Plaintiffs’ motion to certify the class proceeding.
The Case Management Conference will be held on June 23, 2015.
Update – March 27, 2015
Due to scheduling issues and the Court’s availibility, efforts continue to schedule a case management conference in this matter.
Update – January 22, 2015
On today’s date Wagners sent correspondence to the Honourable Justice Rosinski requesting a case management conference to schedule dates for the hearing of the Plaintiffs’ motion to certify the class proceeding.
Update – January 14, 2015
Our co-counsel on this class action are attempting to obtain dates for the hearing of a motion to obtain certification of the class proceeding.
A case management conference will be scheduled with the Court for the setting of a filing schedule and hearing dates.
Copies of all documents related to certification will be uploaded under the Court Documents tab.
Update – December 22, 2014
Our co-counsel at Patterson Law have today sent correspondence to the Court with respect to availability for the scheduling of the Plaintiffs’ motion for certification.
Update – July 16, 2014
Wagners are now working cooperatively with the Patterson Law firm who had filed a similar proceeding concerning the privacy breach at the Capital District Health Authority.
Our proceeding and the Patterson Law suit have been consolidated and will proceed as one action.
A copy of the Amended Statement of Claim is available for viewing under the Court Documents tab.
Update – December 5, 2012
The Honourable Justice Rosinski has invited counsel to prepare an agenda for discussion during a future case management conference. Once a date has been assigned for the conference, we will update this page with the scheduled date.
Update – August 1, 2012
The Honourable Justice Peter Rosinski has been assigned to case manage this proceeding.
Update – July 12, 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 – April 10, 2012
On April 5, 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 may be viewed under the Court Documents tab.
The following documents concerning the class action which Wagners has filed as a result of the privacy breach which occurred at the Capital District Health Authority are available for viewing in PDF format:
Wagners is presently accepting enquiries from individuals affected by the Capital District Health Authority privacy breach.
If you, or a member of your family, have received a letter from Capital District Health advising that your personal medical records have been inappropriately accessed, you may be eligible for inclusion as a Class Member in our proposed class action lawsuit.
To sign up and determine if you qualify, please fill out this registration form: