Welcome to the official court website for the Newfoundland and Labrador Breast Cancer Class Action Settlement. The purpose of this website is to provide visitors with information relating to the settlement and claims process


By order dated February 12, 2010, Justice Thompson of the Newfoundland and Labrador Supreme Court Trial Division approved the settlement of this class action.

To view or download a copy of the Court’s Approval Order, the Court’s decision approving the Settlement, the Settlement Agreement and/or the Distribution Protocol, Go to Court Documents.

To obtain any further information regarding these documents you may also contact the Claims Administrator at:

Newfoundland and Labrador Breast Cancer Claims Administrator
c/o Crawford Class Action Services
3-505, 133 Weber St. N.
Waterloo, ON N2J 3G9
Toll Free:1-866-553-1124        

 Fax: 519 578 7739
Email:
breastcancertesting@crawco.ca
Website:
www.nlbreastcancersettlement.ca


Class Member Definition:

All Patients, including their estates, who underwent ER (estrogen) and PR (progesterone) receptor tests in which their breast tissue samples were tested at the Defendant’s hospital during the Class Period, but excludes all persons who opted out, of the class action. The “Class Period” is May 1, 1997 to August 8, 2005.

Compensation

The settlement will be divided among Class Members according to the nature of their injuries and their medical histories. There are six compensation categories:

Category 1: Class Member, whose test result changed from negative to positive, did not receive timely hormone therapy and suffered a breast cancer recurrence within 10 years of original diagnosis. $ 75,000.00

Category 2: Class Member, whose test result changed from negative to positive, did not receive timely hormone therapy and had stage IV breast cancer at the time of initial testing. $ 15,000.00

Category 3: Class Member, whose test results changed from negative to positive, did not receive timely hormone therapy and has not suffered a breast cancer recurrence. $ 15,000.00.

Category 4: Class Member whose test results changed from positive to negative as set out in the settlement and who received hormone therapy. $ 10,000.00.

Category 5: Class Member who does not fit in Categories 1, 2, 3, or 4 and who suffered a psychological injury as defined in the settlement. $ 5,000.00

Category 6: All other Class Members $ 1,000.00

These compensation amounts may increase or decrease depending on the number of Class Members who make claims by the Deadline.

IMPORTANT: Deadline for Making a Claim:

Claim Forms must be returned to the Claims Administrator postmarked on or before August 12, 2010. claims postmarked after this deadline will be rejected.

What if I my injury progresses after the Deadline?

Class Members whose injuries progress from Category 3 to Category 1 may seek additional compensation up to March 14, 2014.

Do I need a Legal Representation to make a claim?

The settlement does not require Class Members to be legally represented to make a claim. Class Members may seek the advice and guidance of their own lawyers, at their own expense, if they consider it desirable or necessary.

Opting Out of the Settlement and the Class

The Opt Out deadline has passed.