Select Page

Miramichi Hospital / Dr. Menon Pathology

Gay et al v. RHA B and Estate of Menon

New Brunswick Court File: N/C/41/08

 

The Claim Form and Patient request for access to Personal Health Information Form may be found

under the Court Documents tab

 

Please note that your forms are to be sent to the Claims Administrator, Epiq Class Action Services Canada, and should not be sent or delivered to the Miramichi Regional Hospital.

Epiq’s contact information may be found in the below Notice of Settlement Approval.

————————————————————–

NOTICE OF SETTLEMENT APPROVAL OF THE MIRAMICHI PATHOLOGY CLASS ACTION

JULY 31, 2019

 PLEASE READ CAREFULLY.  IGNORING THIS NOTICE WILL AFFECT YOUR LEGAL RIGHTS

 

A settlement (“Settlement”) has been reached in the Miramichi Regional Hospital pathology class action. In order to receive payment under the Settlement, you must obtain a Claim Form from the Claims Administrator and send the completed Claim Form to the address provided below by February 26, 2020 (the “Claim Deadline”).  Additional documents may be required, as outlined below.

WHO IS INCLUDED?

In February 2008, notice was given to the public that all pathological tests analyzed by a former pathologist at the Miramichi Regional Hospital, Dr. Rajgopal Menon, during the period from 1995 to 2007, would be subject to an external review.

The Settlement applies to all “Class Members”, defined as follows:

  1. Patients whose tissue samples underwent pathology testing for potential cancer or potential cancer-related disease, and were reported by Dr. Menon at the Miramichi Regional Hospital between January 1, 1995 and February 7, 2007, and whose tissue samples the Miramichi Regional Hospital subsequently caused to be retested; and
  2. The estates, children, parents and spouses (as defined by the Fatal Accidents Act) of deceased patients.

For clarity, not all Class Members as described above will be eligible for compensation under this Settlement.  To be eligible for payment, a Class Member must be living at the date of approval of the Settlement and must not have opted out of this action. Matrimonial and common law spouses will receive no monetary reward under the Settlement.

Wagners Law Firm is class counsel.  You can review the Settlement Agreement at Wagners’ website: www.wagners.co, or you can contact Wagners at the contact information listed later in this Notice.

HOW MUCH WILL I RECEIVE UNDER THE SETTLEMENT?

The Settlement provides for a $2,500,000.00 (CDN) settlement payment, which will be used to pay each Eligible Class Member who meets certain criteria and who submits a Claim Form and, where required, supporting medical records within the deadlines provided. To obtain relevant medical records to support a claim at no cost the Release of Medical Records Authorization Form must be received within the deadline provided. The Settlement will also be used to pay legal fees, the costs of notifying Class Members about the Settlement, the costs of administering the Settlement and of distributing the payments.

The Settlement provides for two categories of awards.  You are eligible for compensation under the Settlement if you fall within one of the two categories. Category 1 Class Members are those who suffered harm as a result of a change in Dr. Menon’s diagnosis with respect to a cancer or cancer-related disease; Category 2 Class Members are those who had a partial or complete change in Dr. Menon’s diagnosis with respect to a cancer or cancer-related disease who do not qualify for an award under Category 1.  Category 1 Class Members who submit a completed Release of Medical Records Authorization Form by October 29, 2019, and a completed Category 1 Claim Form and any necessary supporting documentation by February 26, 2020 (the “Claim Deadline”) may be entitled to an award ranging from CAD $2,500.00 to a maximum of CAD $50,000.00.  Category 2 Class Members who submit a Category 2 Claim Form within the Claim Deadline may be entitled to an award of a maximum of CAD $750.00.  Awards may be subject to a pro rata reduction depending on the number of claims received by the Claims Administrator.

HOW DO I RECEIVE MY PAYMENT?

If you believe you are a Category 1 Class Member who suffered harm as a result of a change in Dr. Menon’s diagnosis with respect to a cancer or cancer-related disease, in order to receive your payment you must: (1) submit your completed Release of Medical Records Authorization Form to the Claims Administrator on or before October 29, 2019 (if you wish to obtain your records at no cost); (2) on receipt of a copy of your relevant medical records (which will be provided at no charge to you if the Release of Medical Records Authorization Form is received on or before October 29, 2019), you must submit the documents you believe support your entitlement to compensation and a completed Category 1 Claim Form to the Claims Administrator at the address provided below on or before the expiry of the Claim Deadline of February 26, 2020.

If you believe you are a Category 2 Class Member who had a partial or complete change in diagnosis with respect to a cancer or cancer-related disease, and you do not qualify for an award under Category 1, in order to receive your payment you must submit a completed Category 2 Claim Form to the Claims Administrator at the address provided below on or before the expiry of the Claim Deadline of February 26, 2020.

Payments will be mailed out by regular mail as soon as possible after the Claim Deadline. Cheques must be deposited within six (6) months from the time they are sent out.

LEGAL FEES

Class Counsel pursued this lawsuit on a contingency basis and sought approval from the Court for such payment in accordance with the terms of its retainer agreement with the Representative Plaintiffs, which provides for a fee of 25% of the first $10 million of a settlement or any part thereof, plus applicable taxes, and recovery of disbursements. The legal fees for which court approval was obtained total $625,000 plus applicable taxes.

Class Counsel’s legal fees, disbursements and applicable taxes will be paid out of the Settlement. At the Settlement Approval Hearing, Class Counsel requested and received the Court’s approval for payment of their fees, disbursements and applicable taxes in the total amount of $1,101,039.33.

FOR MORE INFORMATION

The Settlement Agreement is available on our website at www.wagners.co.

The Court has appointed Epiq Class Action Services Canada Inc. as the Claims Administrator for the Settlement. To receive compensation, you must mail your completed documents to the Claims Administrator at the following address

Miramichi Pathology Class Action Claims Administrator

Nelson P.O. Box 20187

322 Rideau Street

Ottawa ON K1N 5Y5

If you are a Category 1 Class Member, the Release of Medical Records Authorization Form must be postmarked no later than October 29, 2019, or if there is no legible postmark, the Release of Medical Records Authorization Form must be received by the Claims Administrator no later than October 29, 2019. Otherwise you will not receive your relevant medical records at no charge.

The Claim Form and, for Category 1 Class Members, the relevant medical records must be postmarked no later than the Claim Deadline of February 26, 2020, or if there is no legible postmark, the Claim Form must be received by the Claims Administrator no later than the Claim Deadline of February 26, 2020.

You may contact the Claims Administrator for further details at: 

[email protected]

– OR –

1-833-449-4583

If you have questions about the Settlement and/or would like to obtain more information, please contact Wagners by email at [email protected] or by telephone at 1-800-465-8794 / 902-425-7330.

This Notice contains a summary of some of the terms of the Settlement. If there is a conflict between this Notice and the Settlement, the terms of the Settlement shall prevail.

This Notice has been approved by the New Brunswick Court of Queen’s Bench

——————————————-

 

AVIS D’APPROBATION DU RÈGLEMENT DANS LE CADRE DU RECOURS COLLECTIF DE PATHOLOGIE DE MIRAMICHI

31 juillet 2019

VEUILLEZ LIRE ATTENTIVEMENT. NE PAS TENIR COMPTE DE CET AVIS AURA UNE INCIDENCE SUR LES DROITS QUE VOUS ACCORDE LA LOI.

 

Une entente de règlement (ci-après « le règlement ») a été obtenue dans le cadre du recours collectif de pathologie de Miramichi. Afin que vous puissiez recevoir un paiement en vertu du règlement, vous devez obtenir un formulaire de réclamation auprès de l’administrateur des réclamations et envoyer le formulaire de réclamation dûment rempli à l’adresse qui figure ci-dessous avant le 26 février 2020 (la « date limite des réclamations »). Des documents supplémentaires peuvent être requis, comme il est indiqué ci-dessous.

QUI EST INCLUS?

En février 2008, le public a été informé que toutes les analyses de pathologie effectuées, entre 1995 et 2007, par un ancien pathologiste de l’Hôpital régional de Miramichi, le Dr Rajgopal Menon, seraient soumises à un examen externe.

Le règlement s’applique à tous les « membres du groupe », qu’on définit comme suit :

  1. Les patients dont les prélèvements tissulaires ont été soumis à des analyses de pathologie pour le dépistage d’un cancer potentiel ou d’une maladie potentiellement liée au cancer, rapportées par le Dr Menon à l’Hôpital régional de Miramichi entre le 1erjanvier 1995 et le 7 février 2007, et dont les prélèvements tissulaires ont dû être soumis ultérieurement à de nouvelles analyses par l’Hôpital régional de Miramichi;
  2. La succession, les enfants, les parents et les conjoints (au sens de la Loi sur les accidents mortels) des patients décédés.

Il faut préciser, par souci de clarté, que tous les membres du groupe décrits ci-dessus ne seront pas admissibles à une indemnité en vertu de ce règlement. Pour être admissible à un paiement, un membre du groupe doit être en vie à la date d’approbation du règlement et ne doit pas avoir choisi de se retirer du recours. Les conjoints mariés et les conjoints de fait ne recevront aucun montant en vertu du règlement.

Le cabinet d’avocats Wagners est le conseil du groupe pour ce recours. Vous pouvez consulter l’entente de règlement sur le site Web de Wagners au www.wagners.co, ou vous pouvez communiquer avec le cabinet aux coordonnées figurant dans le présent avis.

À QUEL MONTANT AI‑JE DROIT EN VERTU DU RÈGLEMENT?

Le règlement prévoit un paiement total de 2 500 000 dollars canadiens qui servira à payer chaque membre du groupe admissible qui répond à certains critères et qui soumet, dans les délais impartis, un formulaire de réclamation et, le cas échéant, des dossiers médicaux à l’appui de sa demande. Pour obtenir gratuitement les dossiers médicaux pertinents à l’appui de votre réclamation, vous devez renvoyer le formulaire d’autorisation de communication de dossiers médicaux avant la date limite. Le règlement servira également à payer les honoraires de services juridiques, les coûts liés à l’envoi de l’avis de règlement aux membres du groupe, les coûts d’administration du règlement et les coûts liés à la distribution des paiements.

Le règlement prévoit deux catégories de membres admissibles à un paiement. Vous serez admissible à une indemnité en vertu du règlement si vous appartenez à l’une des deux catégories ci-dessous. Les membres du groupe appartenant à la catégorie 1 sont ceux qui ont subi un préjudice du fait d’une modification du diagnostic du Dr Menon, relativement à un cancer ou à une maladie liée au cancer. Les membres du groupe appartenant à la catégorie 2 sont ceux pour lesquels il y a eu une modification partielle ou totale du diagnostic du Dr Menon, relativement à un cancer ou à une maladie liée au cancer, mais qui ne sont pas admissibles à une indemnisation selon les critères de la catégorie 1. Les membres du groupe appartenant à la catégorie 1 ayant soumis un formulaire d’autorisation de communication de dossiers médicaux dûment remplis au plus tard le 29 octobre 2019, ainsi qu’un formulaire de réclamation de la catégorie 1 dûment rempli et tous les documents justificatifs nécessaires au plus tard le 26 février 2020 (ci-après « date limite de réclamation ») peuvent avoir droit à un paiement allant de 2 500 à 50 000 dollars canadiens. Les membres du groupe appartenant à la catégorie 2 ayant soumis un formulaire de réclamation de la catégorie 2 avant la date limite de réclamation peuvent avoir droit à un paiement maximal de 750 dollars canadiens. Les paiements peuvent être sujets à une réduction au prorata du nombre de réclamations reçues par l’administrateur des réclamations.

COMMENT LE PAIEMENT ME SERA-T-IL VERSÉ?

Si vous pensez être un membre du groupe appartenant à la catégorie 1 qui a subi un préjudice du fait d’une modification du diagnostic du Dr Menon relativement à un cancer ou à une maladie liée au cancer, vous devez, afin de recevoir votre paiement : 1) envoyer votre formulaire d’autorisation de divulgation de dossiers médicaux dûment remplis avant le 29 octobre 2019 (si vous souhaitez obtenir vos dossiers sans frais); 2) après avoir reçu vos dossiers médicaux pertinents (qui vous seront fournis sans frais si le formulaire d’autorisation de divulgation de dossiers médicaux est reçu avant le 29 octobre 2019), vous devez soumettre les documents qui, selon vous, appuient votre admissibilité à une indemnité et un formulaire de réclamation de la catégorie 1 dûment rempli à l’administrateur des réclamations à l’adresse ci-dessous avant la date limite des réclamations, soit le 26 février 2020.

Si vous pensez être un membre du groupe appartenant à la catégorie 2 ayant eu une modification partielle ou totale du diagnostic relativement à un cancer ou à une maladie liée au cancer et que vous n’êtes pas admissible à une indemnisation selon les critères de la catégorie 1, vous devez, afin de recevoir votre paiement, soumettre un formulaire de réclamation de la catégorie 2 dûment rempli à l’administrateur des réclamations à l’adresse ci-dessous avant la date limite des réclamations, soit le 26 février 2020.

Les paiements seront envoyés par la poste aussitôt que possible après la date limite des réclamations. Les chèques devront être déposés dans les six (6) mois de leur envoi.

HONORAIRES DE SERVICES JURIDIQUES

Les avocats du groupe ont intenté cette poursuite en échange du paiement d’honoraires conditionnels et ont demandé l’approbation de ce paiement au tribunal conformément aux conditions du mandat de représentation signé avec le représentant des plaignants prévoyant une commission de 25 % sur la totalité du règlement jusqu’à un montant de 10 millions de dollars canadiens, plus les taxes applicables et le recouvrement des débours. Les honoraires de services juridiques pour lesquels l’approbation du tribunal a été obtenu, au total, à 625 000 dollars canadiens plus les taxes applicables.

Les honoraires de services juridiques, les débours et les taxes applicables seront payés à partir du montant accordé en vertu du règlement. À l’audience d’approbation du règlement, les avocats du groupe ont demandé et reçu l’approbation du tribunal pour le paiement des honoraires de services juridiques, des débours et des taxes applicables, ce qui correspond à un montant total de 1 101 039,33 $.

POUR PLUS DE RENSEIGNEMENTS

L’entente de règlement se trouve sur notre site Web au www.wagners.co.

Le tribunal a nommé Epiq Class Action Services Canada Inc. comme administrateur des réclamations. Pour obtenir une indemnité, vous devez poster vos documents dûment remplis à l’administrateur des réclamations à l’adresse ci-dessous :

Miramichi Pathology Class Action Claims Administrator

Nelson P.O. Box 20187

322 Rideau Street

Ottawa ON K1N 5Y5

Si vous êtes un membre du groupe appartenant à la catégorie 1, le formulaire d’autorisation de communication de dossiers médicaux doit être mis à la poste au plus tard le 29 octobre 2019, le cachet de la poste faisant foi. À défaut de cachet postal lisible, le formulaire d’autorisation de communication de dossiers médicaux doit parvenir à l’administrateur des réclamations au plus tard le 29 octobre 2019. Autrement, vous ne recevrez pas vos dossiers médicaux pertinents sans frais.

Le formulaire de réclamation, et les dossiers médicaux pertinents dans le cas des membres du groupe appartenant à la catégorie 1, doivent être mis à la poste au plus tard le 26 février 2020, le cachet de la poste faisant foi. À défaut de cachet postal lisible, le formulaire de réclamation doit parvenir à l’administrateur des réclamations avant la date limite des réclamations, soit le 26 février 2020.

Vous pouvez communiquer avec l’administrateur des réclamations pour obtenir plus de renseignements

[email protected]

– OR –

1-833-449-4583

Si vous avez des questions au sujet du règlement ou si vous désirez obtenir plus d’information, veuillez communiquer avec Wagners par courriel à [email protected] ou par téléphone au 1-800-465-8794 / 902-425-7330.

Le présent avis contient un sommaire des modalités du règlement. En cas de conflit entre le présent avis et le règlement, les modalités du règlement prévaudront.

Le présent avis a été approuvé par la Cour du Banc de la Reine du Nouveau-Brunswick.

——————————————

A settlement has been reached. A copy of the Settlement Agreement is available in PDF. 

——————————————-

In cooperation with Chesley F. Crosbie, Q.C. of St. John’s, Newfoundland & Labrador, Wagners have filed a class action concerning the pathology errors and misdiagnoses which occurred at the Miramichi Regional Hospital in New Brunswick.

On February 11, 2008, the Miramichi Regional Health Authority announced that in December 2007 and January 2008 independent reviews were conducted on a number of biopsy and other pathological procedures. 227 cases of prostate and breast cancer biopsies from 2004-2005 were examined. These independent reviews found that 18 per cent of the cases had incomplete results, and 3 per cent were misdiagnosed. 41 cases included incomplete protocols or examinations and or miscalculated the stage of the cancer. There were seven cases of undetected cancer, with perhaps as many as four other cases from the 227 examined that might be cancerous, contrary to the original diagnosis.

On the same day the Minister of Health for the Province of New Brunswick, Michael Murphy, announced that as a result of the independent reviews, approximately 15,000 results related to tests for breast and prostate cancer would be reviewed as a result of possible misdiagnosis or errors attributed to a former pathologist with the Miramichi Regional Health Authority. The number of pathology tests to be reviewed has now increased to 24,000.

A pathologist is a physician who specializes in diagnosing diseases by examining tissue, blood and body fluids in a laboratory. The 24,000 cases that are to be re-examined encompass the tests performed by the former pathologist from 1995 to February 2007, while he was employed with the Miramichi Regional Health Authority. The re-examination will also include about 100 cases the former pathologist reviewed while working for a brief period for Regional Health Authority 4 in Edmundston in 2002. While it appears that many of the 24,000 cases involve either breast or prostate cancer, there are other illnesses that may have been misdiagnosed.

 

  • Update – July 31, 2019

    The settlement was approved by the Court of Queen’s Bench on July 4, 2019. The Notice of Settlement Approval in both English and French is available under the Court Documents tab.

    A copy of the Claim Form and the Patient request for access to Personal Health Information Form in both English and French are also available under the Court Documents tab.

  • Update – April 29, 2019

    A proposed settlement has been reached. The settlement must be approved by the Court of Queen’s Bench and a hearing is scheduled to be held on July 4, 2019 at 10:00 a.m. at the Miramichi Court House.

    A copy of the Settlement Agreement and the Notice of Proposed Settlement in both English and French are available under the Court Documents tab.

  • Update – April 6, 2016

    A copy of the Certification Order which has now been signed by the Honourable Justice Ouellette is available for viewing under the Court Documents tab along with the Notice of Certification, Opt-Out and Opt-In forms.

    We suggest that all Class Members take a moment to read the Order and documents so that they are familiar with their legal rights concerning the class proceeding. Please contact us if you have any questions.

    The deadline for individuals wishing to opt-out or opt-in to the class action is July 1, 2016. Wagners must receive any completed opt-out or opt-in forms on or before this date.

    Notice of Certification is now being carried out pursuant to the terms of the Order.

  • Update – March 24, 2016

    All parties have agreed to a further extension to supply the answers to the Interrogatories served by the Defendants. The answers are now due on April 29, 2016.

  • Update – February 1, 2016

    All parties involved in this class action are continuing to deal with the answers to the numerous Interrogatories which must be provided by March 31, 2016.

  • Update – November 30, 2015

    All parties have now served Interrogatories that must be answered on or before March 31, 2016.

  • Update – November 16, 2015

    We have sent correspondence to the Court of Queen’s Bench in Miramichi, New Brunswick on today’s date to advise that issues which necessitated the scheduling of a case management conference on November 18th have been resolved. We have requested that the conference by removed from the Court’s schedule.

  • Update – October 13, 2015

    We have received correspondence from the Court of Queen’s Bench confirming that a further case management conference call will be held on November 18, 2015.

  • Update – October 1, 2015

    Further to the case management conference held before Justice Ouellette on yesterday’s date, a number of concessions and agreements amongst the parties were dealt with. The parties are now in the process of exchanging their respective Affidavits of Documents.

  • Update – September 25, 2015

    We have received correspondence from the Court of Queen’s Bench in Miramichi concerning the scheduling of a case management conference call  to deal with the form of the Certification Order and other matters.

    The conference will proceed on September 30, 2015. 

  • Update – August 21, 2015

    Pursuant to the instruction of Justice Ouellette, on today’s date Wagners sent its proposed form of Order with respect to certification to the Court of Queen’s Bench in Miramichi.

  • Update – August 10, 2015

    Counsel for the Defendant, RHA B (formerly RHA7), has provided the Defence on behalf of the Miramichi Regional Hospital. The Defence is in response to the Cross-Claim filed by the Estate of Dr. Menon.

    The Defence may be viewed under the Court Documents tab.

  • Update – July 28, 2015

    Counsel for the Estate of Dr. Rajgopal Menon recently filed its Defences with respect to the Miramichi Pathology class action.

    Copies of the Defences may be viewed under the Court Documents tab. 

  • Update – July 21, 2015

    A copy of the Plaintiffs’ Second Amended Statement of Claim was filed with the Court of Queen’s Bench in Miramichi on June 30, 2015. The amended claim is available for viewing under the Court Documents tab.

    With respect to the Notice to the Class Members and the form of Order, an agreement was not reached with the Defendants. These issues will be dealt with at the next Case Management Conference on August 19, 2015.

  • Update – June 4, 2015

    Further to all Counsels’ appearance before Justice Ouellette at the Case Management Conference held on June 2, 2015, the following schedule to deal with various matters concerning the continuance of the class action has been implemented:

    • June 15, 2015 – Draft Orders, Notice to Class to Defendants’ Counsel
    • June 30, 2015 – Final Orders, Notice to Class to be filed
    • June 30, 2015 – Statement of Claim Amendments to be filed
    • July 31, 2015 – Defences to be filed
    • August 11, 2015 – Defence to Cross-Claim to be filed
    • August 19, 2015 – Next Case Management Call
    • September 30, 2015 – Affidavits of Documents
    • November 30, 2015 – Interrogatories
    • March 31, 2016 – Answers to Interrogatories

    Also discussed during the Conference were issues surrounding the provision of the Notice of Certification to the Class Members which will be carried out once the form of Notice has been approved by Justice Ouellette.

  • Update – May 6, 2015

    We were advised today that D. Rajgopal Menon passed away approximately one week ago. His Counsel will be making efforts to have an administrator appointed to deal with the class action litigation.

  • Update – April 8, 2015

    We continue in our discussions with Counsel for both Defendants to streamline the litigation, deal with Notice of Certification and the scheduling of important timelines concerning the ongoing litigation.

  • Update – March 9, 2015

    Wagners sent correspondence today to Counsel for both Defendants suggesting that disclosure and document exchange be carried out to continue the process of furthering this class action.

  • Update – February 17, 2015

    We have received correspondence from the Clerk of the Court confirming that Justice Ouellette will preside over a Case Management Conference on June 2, 2015.

  • Update – February 10, 2015

    We have been contacted by the Clerk of the Court to determine if Counsel are available on June 2, 2015 for the Case Management Conference.

  • Update – January 29, 2015

    We have been advised by the Clerk of the Court that the Honourable Justice Ouellette is not available for a Case Management Conference on February 3, 2015.

    The Court has requested Counsels’ availability for the remainder of the spring.

  • Update – January 8, 2015

    Wagners has sent correspondence to the Clerk of the Court today advising that all Counsel are available for a Case Management Conference on February 3, 2015.

  • Update – December 16, 2014

    After receiving correspondence from the Clerk of the Court, all Counsel have provided their availability for a Case Management Conference to the Court.

  • Update – November 24, 2014

    We are making efforts to arrange meeting with all Counsel to discuss the furtherance of this class action and agree on appropriate procedures.

  • Update – November 4, 2014

    We have received a filed copy of the Consent Order appointing a guardian to manage the affairs of the Second Defendant, Dr. Rajgopal Menon.

    The Order is available for viewing under the Court Documents tab. 

  • Update – October 31, 2014

    Wagners have sent correspondence today to the Clerk of the Court in Miramichi, New Brunswick requesting that a Case Management Conference before Justice Ouellette be scheduled.

  • Update – October 14, 2014

    We understand that the Second Defendant, Dr. Rajgopal Menon, has been in ill health recently and this has necessitated the need for an appointment of a guardian to manage his affairs. 

  • Update – September 30, 2014

    We have received correspondence and an Order from the New Brunswick Court of Queen’s Bench confirming that the Honourable Justice Jean-Paul Ouellette will continue in his role as Case Management Judge in this class action.

    A copy of the Order may be found under the Court Documents tab.

  • Update – August 28, 2014

    We continue to have discussions with Counsel for both Defendants in an effort to mutually agree on appropriate procedures with respect to the future conduct of the now certified class action.

  • Update – July 28, 2014

    We are attempting to schedule a meeting of all parties to discuss the furtherance of the class action.

  • Update – July 16, 2014

    We understand that the Honourable Justice Jean-Paul Ouellette has been appointed to the Judicial District of Moncton.

    As the Plaintiffs intend to proceed with this case in the Judicial District of Miramichi, we have requested that a new judge be assigned to case manage this proceeding. We are awaiting the appointment at this time.

  • Update – February 27, 2014

    The New Brunswick Court of Appeal has handed down its decision in the Miramichi Pathology class action.

    Members of Wagners and Ches Crosbie Barristers were in attendance in Fredericton this morning for the oral decision and we are pleased to advise that the Court of Appeal has reinstated the certification of the class action.

    Wagner Press in Fredericton

    We were successful on every ground of the appeal that we argued. The Decision and Order may be viewed under the Court Documents tab.

  • Update – October 25, 2013

    The appeal of the certification decision was heard by the New Brunswick Court of Appeal on June 11 to 13, 2013, in Fredericton, New Brunswick. The panel reserved their decision on the appeal.

    Once the decision has been released, a copy will be made available for viewing under the Court Documents tab. 

  • Update – April 23, 2013

    We wish to remind our potential Class Members that the appeal of the certification decision will be held over the course of 3 days, from June 11 to 13, 2013, in the New Brunswick Court of Appeal in Fredericton.

  • Update – February 22, 2013

    The Plaintiffs/Appellants filed their Further Submissions with the New Brunswick Court of Appeal. The document may be viewed under the Court Documents tab.

  • Update – January 24, 2013

    The hearing of the appeal, which occurred on January 16, 2013, was adjourned to allow for counsel to file further submissions with the New Brunswick Court of Appeal with respect to the appeal of the certification decision.

    The Plaintiffs/Appellants must file further submissions and authorities on or before February 8, 2013. The Defendants/Respondents must file their submissions, authorities and book of essential references on or before March 1, 2013.

    The Appeal will now be heard over the course of 3 days, from June 11 to 13, 2013.

  • Update – December 7, 2012

    The hearing of the appeal of the certification decision of the Honourable Justice Jean-Paul Ouellette will be held in the New Brunswick Court of Appeal on January 16, 2013 at 10:00 a.m.

  • Update – July 25, 2012

    We have uploaded a number of recent pleadings to the website. The documents may be viewed under the Court Documents tab.

    At this time we are awaiting dates from the New Brunswick Court of Appeal with respect to the hearing of the appeal with respect to the certification decision. Once the dates are known, we will update this News page.

  • Update – March 22, 2012

    The Motion for Leave to Appeal will be heard in the New Brunswick Court of Appeal in Fredericton on May 30, 2012 at 1:00 p.m.

  • Update – March 14, 2012

    The Notice of Motion for Leave to Appeal has been sent to the New Brunswick Court of Appeal in Fredericton.

    The Notice may be viewed under the Court Documents tab. 

  • Update – March 13, 2012

    The Plaintiffs’ Motion for Certification has been dismissed by the Court of Queen’s Bench.

    In cooperation with our co-counsel, Ches Crosbie Barristers, we will be filing a motion for leave to appeal the decision. Please see the Press Release from Plaintiffs’ Counsel here.

  • Update – March 7, 2012

    The certification decision has yet to be released. When it is made available, a copy will be uploaded to the Court Documents tab.

  • Update – June 21, 2011

    The certification hearing is now scheduled to take place on September 6 to 8, 2011 in the Judicial District of Miramichi.

  • Update – May 10, 2011

    The certification hearing which was scheduled to be heard on May 11 and 12, 2011 is postponed with new dates to be scheduled shortly.

  • Update – January 18, 2011

    The following is the schedule for the Plaintiffs’ Certification Motion:

    • January 28, 2011 – Defendants’ Affidavits Due
    • February 15, 2011 – Plaintiffs’ Reply Affidavits Due
    • March 31, 2011 – Completion of Cross-Examinations
    • April 30, 2011 – Briefs Due
    • May 11 and 12, 2011 – Certification Motion  
  • Update – February 12, 2010

    The Defendants’ Pre-Certification Motions are scheduled to be heard on February 25 and 26, 2010. The various documents that have been filed may be viewed under the Court Documents tab.

  • Update – November 20, 2009

    The Plaintiffs new Notice of Motion and supporting materials to certify the matter as a class proceeding may be viewed under the Court Documents tab.

  • Update – October 7, 2009

    The Plaintiffs filed a new proposed class proceeding which named two additional Representative Plaintiffs as well as added Dr. Menon as a Defendant to the proceedings. The new Notice of Action may be viewed under the Court Documents tab.

  • Update – June 8, 2009

    Justice Ouellette’s decision of April 17, 2009 ordering that the Defendant will not be able to proceed with any motion to add Dr. Menon until after our motion to certify the proceeding as a class action is significant and is beneficial for this class action.

    Justice Ouellette decided that preliminary motions, unless of an extraordinary nature, should not be heard prior to the Plaintiffs’ motion to certify the proceeding as a class action as it impedes the goals of class actions, mainly access to justice and judicial economy and efficiency. The decision allows us to proceed to certification under our own terms and gives the Plaintiffs the opportunity to make their own choices on how best to proceed, and not have the Defendants dictate the course of the lawsuit or impact on the litigation which would result in a delay or denial of justice to the Plaintiffs.

    With the above being said, although we objected and were successful in arguing that the Defendant’s motion to add Dr. Menon to the lawsuit was not proper at this time, after consideration of the facts and reviewing our mandate, we have concluded that the addition of Dr. Menon to the class action is the proper course of action for us to follow on behalf of the Plaintiffs and Class Members. During the course of litigation a change in focus on how to proceed in the best interests of those affected will often occur and, in any event, the RHA 7 has now filed their own action against Dr. Menon.

    While we did object to the Defendant’s motion to add Dr. Menon, this does not mean we do not believe he should be a party to the proceedings. Rather, by successfully arguing that the Defendant should not be able to add Dr. Menon, the decision of Justice Ouellette gives the Plaintiffs the ability to make their own choices on how best to proceed. As such, we have refiled our proposed class action with the Court and have named both the Regional Health Authority 7 and Dr. Rajgopal Menon as Defendants. The new action was filed on May 19, 2009 and can be viewed under the Court Documents tab. Regardless of the fact that we have expanded our focus, Justice Ouellette’s decision will still allow us to move towards the certification motion expediently and on our own terms. 

  • Update – February 2, 2009

    A motion on behalf of the Plaintiff will be heard in the Court of Queen’s Bench of New Brunswick, Miramichi Judicial District on Monday, February 9, 2009 to stay the intended motion of the Defendant to add Dr. Rajgopal Menon as a party to the proposed class action.

  • Update – December 4, 2008

    Wagners, in cooperation with Ches Crosbie Barristers, filed the Notice of Motion and supporting documents to certify the proceeding as a class action. View the documents under the Court Documents tab.

  • Update – July 22, 2008

    Wagners, in cooperation with Ches Crosbie Barristers, filed the Notice of Action and Statement of Claim with respect to the pathology problems at the Miramichi Regional Hospital. View the Notice of Action under the Court Documents tab.

  • Update – July 21, 2008

    On July 21, 2008 Wagners issued a Press Release concerning the impending filing of a proposed class action with respect to the pathology problems at the Miramichi Regional Hospital. View the Press Release here.

  • Update – June 6, 2008

    On June 9, 2008 a Community Meeting will be held at the Royal Canadian Legion in Neguac to provide information concerning the proposed class action to people concerned about the pathology problems at the Miramichi Hospital. View the Community Meeting notice here.

  • Update – April 16, 2008

    On April 15, 2008 we held a Community Meeting at the Rodd Miramichi River to provide information concerning the proposed class action to people concerned about the pathology problems at the Miramichi Hospital. View the Community Meeting notice here.

    As this matter progresses, future Community Meetings may be held to give people concerned about the pathology problems an opportunity to obtain information and ask questions of class counsel. Please check this page for information concerning the date for any future Community Meetings.

READ OUR REVIEWS

I have had the privilege of dealing with Wagners Law Firm for approximately 12 years and have nothing but praise for them. They all are very professional. They always put me at ease when talking to them and answered all my concerns, never too busy to return a phone call and informed me of all decisions. These are probably some of the reasons that they were chosen number 1 for 2019 lawyer of the year.read more
J. Wilson
02:31 14 Aug 19
I have had the privilege of dealing with Wagners Law Firm for approximately 12 years and have nothing but praise for them. They all are very professional. They always put me at ease when talking to them and answered all my concerns, never too busy to return a phone call and informed me of all decisions. These are probably some of the reasons that they were chosen number 1 for 2019 lawyer of the year.read more
J. Wilson
02:31 14 Aug 19
Thank you and your excellent staff for what you have done for the people of Miramichi and myself.It was a long process, so I congratulate you on your tenacity and willingness to see this through.I have great respect for your staff: Ches, Vic, Richard, Maddy and members of your team. They have been extremely helpful guiding me through this long and tedious process.I highly recommend your law firm to represent physically or mentally injured people for a class-action lawsuit.read more
J. Gay
08:28 10 Aug 19
First and best call I made after my car accident. A huge thank you to Lisa, Beth, Nick, and the rest of the Wagners team! All were very kind, understanding, and kept me well informed.read more
Stephanie Brown
11:45 24 Jul 19
First and best call I made after my car accident. A huge thank you to Lisa, Beth, Nick, and the rest of the Wagners team! All were very kind, understanding, and kept me well informed.read more
Stephanie Brown
11:45 24 Jul 19
I can’t Thank Wagners Law firm enough for all they did for me there kindness and devotion is above more then I could have ever imagined they got me what I deserved I would recommend Wagners to anyone Thanks so much Lisa and associatesread more
Steven Smith
08:27 25 May 19
An online search led me to Wagners Law Firm at a point in my life where I needed help. Best decision of my life.  The staff here are second to none. My medical malpractice was made so much easier with the Knowledge and professionalism of Ray Wagner and Kate Boyle. I highly recommend this firm for their dedication and especially for making you feel at ease with the entire process.read more
A. Belliveau
02:23 04 Mar 19
An online search led me to Wagners Law Firm at a point in my life where I needed help. Best decision of my life.  The staff here are second to none. My medical malpractice was made so much easier with the Knowledge and professionalism of Ray Wagner and Kate Boyle. I highly recommend this firm for their dedication and especially for making you feel at ease with the entire process.read more
A. Belliveau
02:23 04 Mar 19
I had originally made an error in judgement re my enquiry.. Mr. Wagner took his valuable time to explain a complex issue to me, as did the office manager. Of all the lawyers I dealt with, these people have been the most honest and upfront. I would truly recommend Ray Wagner for his knowledge and integrity.read more
Maxine Snow
15:09 27 Feb 19
On the recommendation of a friend I hired Wagners law firm to work on a three and a half year,vehicle settlement claim. We were informed that the medical claim section was closed!Wagners team of legal experts had my case reopened within a short period of time.I was amazed at the high degree of excellence this task was carried out.I have no doubt that the justice system of Nova Scotia is being served through the merit and endeavours of the Wagner law firm.read more
Kathleen Carter Steeves
20:20 26 Feb 19
Wagner's is the best Law Firm I have dealt with, Lisa Wagner and her Assistant, Kelly Wasson, could not have treated me better. Their professionalism was impeccable. I was treated with the most kindness and respect. Whenever I had a question I was given an answer within that day. I was always kept up to date on my file and felt very comfortable in the way they took care of me. I wish to extend my utmost appreciation for all they have done and would recommend them to everyone. Thank you again, Lisa and Kellyread more
Bert Rose
19:16 22 Feb 19
I am very grateful to Wagners Law Firm. Wagners lawyers treat me with respect. I’m so very thankful to Wagners. They are kind and respectable people. I could not find a better law firm than Wagners. I highly recommend them to anyone who needs a personal injury lawyer. Knowing Wagners is there to defend me has given me hope and security. Wagners is the best.-A. Christine Littleread more
A. Christine Little
02:09 18 Feb 19
I could not have made a better choice for representation in my personal injury case.The team at Wagners are very thorough, experienced and experts in their field of practice.Throughout the process, I was always kept up to date and they always took the time to explain what was entailed in the process and the timeline for such cases.In particular I would like to thank Loreatha Boehner for her expert counsel and negotiating skills and bringing my case to a successful conclusion.read more
L. Michalik
15:29 05 Feb 19
5 years ago Ray was recommended to me. I contacted him and he took my medical malpractice case on. Although I was in Cape Breton, Ray met with me on several occasions. He was very professional and the staff took care of me in an excellent way throughout the entire process.When you get hurt in a catastrophic way like I did, taking on legal action is very scary. The process of medical malpractice litigation can be very draining and disturbing to a person. The legal process was very unknown to me. I believe there should be more people like Ray, Kate and Krizia. They went above and beyond. Ray has a great sense of responsibility to his clients.I only saw parts of the legal process but I know they make it a lot easier for people. I am overwhelmed by the kindness and patience of Ray and his entire team.read more
Wayne Rennie
01:10 30 Jan 19
I can give your firm a 5 for satisfaction. I was very pleased in all communication and your professionalism getting to a settlementread more
Victor Blackwood
07:58 15 Jan 19
After my accident I was getting nothing but a run around from my insurance company, that is if I could actually get them to answer an email or return a phone call.  I was getting so frustrated that I would just break down and cry.  My father in-law told me it was time for a lawyer. I don't know why I didn't think of it.  Oh wait I do, my insurance company told me that they would take care of me.  Lie number one, they also told me they wanted to take care of everything as quickly as possible so that my life wouldn't be that disrupted. Lie number 2. I did my homework to find someone who would best represent me.  I contacted Wagner law threw their live chat, thank god for live chat because I was in bed in a lot of pain and found it hard to sit and even talk on a phone. they paired me with a member of their firm right away.  I think my lawyer Lisa Wagner was sent from god himself.  I had a lot of questions and she answered every one of them for me and also advised me on a lot of things I didn't know of.  Its because of her i got into see all the right medical professionals and finally started on the road to recovery.  It was a long hard battle but Lisa helped me threw it all.  She was amazing, caring and I truly felt her compassion for me and what I was going threw.  We only met face to face a few times, due to living in different province's, every time we did it was like sitting with an old friend. I would and do recommend Wagner Law to everyone I hear may need a Lawyer and tell all my friends and family if they ever need a lawyer to contact Wagner's. The most stars I'm able to give them is 5 but i think they deserve a 10. Thank you all for everything you have done to help me and my family.  We truly couldn't have got threw this without you.read more
Joanne R
05:57 15 Jan 19
Wagners walked me through every step and took the time to explain all the legal information to where I could understand. I would have and will recommend again in the future! Thank you for all that you have done and I am finally able to move forward from that chapter of my life!!!read more
Bobby Campbell
02:03 15 Jan 19
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.read more
Sam M
16:11 19 Jan 18
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 .read more
linda frausell
01:21 16 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.Thanksread more
frank slaunwhite
16:29 03 May 17
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!read more
Missy Day
12:03 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.read more
Nicholas Gordon
11:30 06 Oct 16

Do You Have a Claim?

I have read and understand the disclaimer.


Widget not in any sidebars
LIVE CHAT