Peterborough-based law firm Miskin Law says it has reframed its class-action lawsuit by dropping all references to Ottawa coronavirus test kit producer Spartan BioScience Inc.
On Tuesday, Miskin Law announced it was planning to file a lawsuit over false positive test results from Case Manor Care Community long-term in Bobcaygeon.
In late April, the Haliburton, Kawartha, Pine Ridge District Health Unit said a dozen results (six residents and six staff) were initially positive, prompting an outbreak to be declared in late April.
However, last Friday the health unit said Ottawa-based Bio-Test Laboratories which reviewed test samples from April 25-26 had a technical error which produced false positive results.
Miskin Law named Bio-Test and a test manufacturer Spartan BioScience Inc. in its lawsuit. However, Spartan denied their tests were involved and refuted the claim which has yet to be filed in Superior Court. Spartan noted its test kits were not shared with Bio-Test since its not a Spartan customer.
On Thursday, Murray Miskin, the law firm’s senior lawyer and managing director, apologized to Spartan, stating the company was initially included in the lawsuit based on “incorrect” information provided to the law firm. Miskin confirmed the defective tests did not use use the test kits produced by Spartan Bioscience.
“We apologize to Spartan for involving them and we will proceed with the claim against Bio-Test Laboratories,” Miskin stated.
Also on Thursday, the health unit rescinded the outbreak declared at Case Manor after all the re-tested samples were negative for the novel coronavirus.
Miskin says his law firm was contacted on May 2 by some staff at the long-term care who expressed concerns about the impact the false positive tests produced including self-isolation for those tested and their immediate family and contacts.
Miskin says the class-action lawsuit will proceed against Bio-Test Laboratories.
“This is a very serious matter and we are moving ahead quickly to protect our clients’ rights,” said Miskin.
“On the evening of May 6th, we held a Zoom video conference call with 11 Case Manor staff and all three of our lawyers about the details of what happened and the court proceedings.”
Miskin Law may expand the lawsuit to include others in the City of Kawartha Lakes and Peterborough who received false positive test results from the same round of testing. Peterborough Public Health last Friday
Bio-Test Laboratories has not responded to Global News Peterborough’s requests for comment.
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