A tentative settlement has been reached in a class action lawsuit alleging members of a Nova Scotia First Nation underwent MRI scans without their consent.
The law firm representing the class confirmed Thursday that the proposed settlement with the defendants — two Halifax doctors — is subject to approval from the Nova Scotia Supreme Court.
None of the allegations in the lawsuit have been tested in court.
The original lawsuit, filed in 2020 and certified in 2024, alleged radiologists Robert Miller and Sharon Clarke took magnetic resonance imaging scans of about 60 members of the Pictou Landing First Nation without their knowledge or consent.
A statement of claim filed in Nova Scotia Supreme Court says band members agreed to undergo the scans as part of a research project in 2017 but were subjected to additional “secret” scans of their livers for a separate study.
The lawsuit alleged the defendants were liable for invasion of privacy, acting recklessly and causing distress and anguish. They were also accused of negligence, unlawful imprisonment and assault and battery for allegedly keeping the participants inside the confined space of the MRI machine for longer than they should have.
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The lawsuit also accused them of failing to advise participants of serious health issues that were discovered on the scans.
A lawyer representing the two doctors declined to comment on the proposed settlement.
The statement of claim also said former Chief Andrea Paul was among the Pictou Landing band members subjected to the MRIs.
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“The MRI scans generated data that reveal intimate medical information about her body without her knowledge or consent,” the statement said. “She had been singled out for one reason — she was Mi’kmaq.”
It added that Paul felt she was discriminated against and that she suffered “a loss of dignity and self-esteem as a result.”
There is a long history of Indigenous people in Canada being subjected to medical treatment and research against their will, the lawsuit said.
Neither Paul nor the current chief of Pictou Landing First Nation, Tamara Young, were immediately available for comment.
A partner with the law firm said in a statement Thursday that the proposed $400,000 settlement would provide meaningful compensation to those who unknowingly participated in the study.
A hearing to approve the settlement is scheduled for Nov. 13.
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