Miramichi Pathology Misdiagnosis

News

UPDATE - february 12, 2010

The Defendants' Pre-Certification Motions are scheduled to be heard on February 25 and 26, 2010. The various documents that have been filed may be viewed in the Court Documents section.

UPDATE - NOVEMBER 20, 2009

The Plaintiffs new Notice of Motion and supporting materials to certify the matter as a class proceeding may be viewed in the Court Documents section.

UPDATE - OCTOBER 7, 2009

The Plaintiffs filed a new proposed class proceeding which named two additional Representative Plaintiffs as well as added Dr. Menon as a Defendant to the proceedings. The new Notice of Action may be viewed in the Court Documents section.

UPDATE - JUNE 8, 2009

Justice Ouellette decided that preliminary motions, unless of an extraordinary nature, should not be heard prior to the Plaintiffs' motion to certify the proceeding as a class action as it impedes the goals of class action, mainly access to justice and judicial economy and efficiency. The decision allows us to proceed to certification under our own terms and gives the Plaintiffs the opportunity to make their own choices on how best to proceed, and not have the Defendants dictate the course of the lawsuit or impact on the litigation which would result in a delay or denial of justice to the Plaintiffs.

With the above being said, although we objected and were successful in arguing that the Defendant's motion to add Dr. Menon to the lawsuit was not proper at this time, after consideration of the facts and reviewing our mandate, we have concluded that the addition of Dr. Menon to the class action is the proper course of action for us to follow on behalf of the Plaintiffs and Class Members. During the course of litigation a change in focus on how to proceed in the best interests of those affected will often occur and, in any event, the RHA 7 has now filed their own action against Dr. Menon.

While we did object to the Defendant's motion to add Dr. Menon, this does not mean we do not believe he should be a party to the proceedings. Rather, by successfully arguing that the Defendant should not be able to add Dr. Menon, the decision of Justice Ouellette gives the Plaintiffs the ability to make their own choices on how best to proceed. As such, we have refiled our proposed class action with the Court and have named both the Regional Health Authority 7 and Dr. Rajgopal Menon as Defendants. The new action was filed on May 19, 2009 and can be viewed in the Court Documents section. Regardless of the fact that we have expanded our focus, Justice Ouellette’s decision will still allow us to move towards the certification motion expediently and on our own terms.

UPDATE - FEBRUARY 2, 2009

A motion on behalf of the Plaintiff will be heard in the Court of Queen's Bench of New Brunswick, Miramichi Judicial District on Monday, February 9, 2009 to stay the intended motion of the Defendant to add Dr. Rajgopal Menon as a party to the proposed class action.

UPDATE - DECEMBER 4, 2008

Wagners, in cooperation with Ches Crosbie Barristers, filed the Notice of Motion and supporting documents to certify the proceeding as a class action. View the documents on the Court Documents page.

UPDATE - JULY 22, 2008

Wagners, in cooperation with Ches Crosbie Barristers, filed the Notice of Action and Statement of Claim with respect to the pathology problems at the Miramichi Regional Hospital. View the Notice of Action here.

UPDATE - JULY 21, 2008

On July 21, 2008 Wagners issued a Press release concerning the impending filing of a proposed class action with respect to the pathology problems at the Miramichi Regional Hospital. View the Press Release here.