A court has approved a $1.3 million settlement in a class action lawsuit against a hospital in New Brunswick over the use of unsterilized biopsy forceps on women.
The Miramichi Regional Hospital discovered in 2013 that its colposcopy clinic had not sterilized the forceps it uses for biopsies, in line with the standards set in North America. The hospital then urged women who may have been exposed to the unclean equipment to undergo testing for hepatitis B, hepatitis C and HIV.
Lawyer Ray Wagner told CBC News that about 2,497 individuals were exposed to the unsterilized forceps – some of which have passed away since then. He also said that the Horizon Health Network has 20 days to provide him with the full list of individuals affected by the medical mishap.
Wagner noted that individual payments for those affected will be between $350 and $1,000. Once his law firm receives the full list, the named individuals will be sent notices.
"Within 60 days of the actual mailing out of that form, anybody that is interested in claiming compensation should send that notice back to ensure that they are included in the compensation group," the lawyer said.
Approximately $873,000 will be distributed to class members, CBC News reported. The rest will go to legal fees and class administration fees.
At the time of the controversy, CEO John McGarry said that although the forceps used for colposcopies were typically sterilized at the end of each day, some were only cleaned and disinfected before being reused on the same day.
The CEO explained that the problem began back in May 1999, when the clinic started reusing biopsy forceps without putting them through sterilization first in order to address large patient loads.