Class Action Lawsuit:
Hamilton Health Sciences Corporation and Salim Daya
Tompkins Metroplasty
The Canadian class-action law suit against Salim Daya and Hamilton Health Sciences Corporation, commenced in March 2004, is being broadened and expanded. A new Statement of Claim (December 2004) consolidates three prior class actions and seeks damages of $55 million on behalf of the women affected as well as $2 million in damages for affected family members.
OVERVIEW OF CLAIM
The new Statement of Claim alleges that the Tompkins Metroplasty has been obsolete and not in accordance with the accepted standard of medical care since 1990. Tompkins Metroplasty is used to treat infertility through excision of a septum dividing a uterus or to correct some other abnormality in uterine shape. An alternate procedure called a hysteroscopic Metroplasty has, since 1990, been generally accepted in the medical community as the standard of care for treating septate uterus and other uterine abnormalities.
Hamilton Health Sciences Corporation had announced on March 3, 2004 that Dr. Salim Daya had used an obsolete and unacceptable medical procedure on 93 patients at HHSC between January, 1998 and April, 2003. The Hospital admitted that Tompkins Metroplasty was obsolete and an unacceptable medical practice as of 1998.
Madam Justice Hoy has approved settlement of this matter on December 14, 2007.
If you would like more information regarding this claim, please e-mail us or call the Scarfone Hawkins class action hotline at 905-523-1333.
9/3/2010
