Pain Clinic Class Action Certified (Law Firm: Harte Law PC)

Monday, May 28, 2018 General News
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TORONTO, May 28, 2018 /CNW/ - On February 23, 2018, Mr. Justice Edward

M. Morgan of the Ontario Superior Court of Justice certified a class action on behalf of certain former patients of Toronto physician Stephen James. These individuals received pain
injections performed by Dr. James at the Rothbart Centre for Pain Care Ltd. over a two-year period starting on January 1, 2010. Members of the class are represented by the law firm Harte Law PC.

The lawsuit alleges that Dr. James performed the injections at the pain clinic without adequate infection control, infecting certain patients with Staph aureus. It is alleged that a number of patients developed bacterial meningitis, abscesses, skin and/or blood infections after receiving an injection into their backs. In addition to claiming damages for injuries suffered, the lawsuit also makes a claim for punitive damages. In addition to Dr. James, the lawsuit names the pain clinic, clinic director Peter Rothbart and a number of nurses who worked at the Clinic.

An investigation of Dr. James' practice undertaken in December of 2012 by Toronto Public Health found that Dr. James was colonized with Staph aureus, which it is alleged was spread to patients as a result of breaches in infection prevention and control.

A trial of the class action will determine whether any of the named defendants were negligent in their infection prevention and control practices.

Anne Levac is the representative plaintiff for the class. Within days of receiving an injection at the pain clinic, the 68-year old resident of Fenelon Falls developed a bacterial infection in her spine. She was rushed to hospital by ambulance, falling in and out of consciousness and suffering excruciating pain. She spent 10 weeks in hospital and alleges that she was left permanently disabled.

Ms. Levac is pleased that the action is finally certified. "It has been 5½ years since I was infected. I am grateful that the case has finally been given the green light to proceed to court."

The certification decision was not a ruling on the merits of the lawsuit, and the allegations raised in the claim have not yet been proven in court.

If Dr. James provided you with a pain injection in your back and you developed an infection, or would like further information about the lawsuit, please contact lawyer Maria Damiano at (289) 695-2452 or mdamiano@hartelaw.com.

SOURCE Harte Law



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