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$2.375M settlement approved in diluted chemotherapy class-action

A nurse places a patient's chemotherapy medication on an intravenous stand at a hospital in this file image. THE ASSOCIATED PRESS

Victims of the diluted chemotherapy drugs scandal will be getting $1.8 million, after a Superior Court judge approved a negotiated class-action settlement.

The total settlement for 1,194 victims is for $2.375-million. Lawyers will get $400,000 and $75,000 has been earmarked for administrative costs. The Ontario and New Brunswick governments will receive $100,000.

Nearly 700 of the over 1,100 affected patients were at LHSC, while the rest were in Windsor, Oshawa, Peterborough, and St. John, New Brunswick.

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The lawsuit alleged negiligence by Mezentco Solutions Inc.–the parent company of Marchese Hospital Solutions, which distributed bags of two chemotherapy drugs excessively diluted with saline. Also named were several hospitals, including the London Health Sciences Centre, and Medbury.

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A number of victims fought the settlement in court, arguing that the $1,500 share each would receive wasn’t enough.

Some also argued that the lawyers’ share was excessive. In his decision released Friday, Justice Gregory Verbeem ruled the fees are “fair and reasonable” – and actually lower than that to which they were entitled.

Verbeem ruled that the broader settlement is “fair, reasonable and in the best interests of the Class Members, as a whole.”

Law firms Sutts, Strosberg LLP and Siskinds LPP handled the class action suit.

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