July 26, 2023
Murphy Battista LLP and Slater Vecchio LLP jointly announce the successful certification of a class action against the Provincial Health Services Authority (PHSA) on behalf of patients who received procedures at BC Women’s Hospital and Health Centre (BCWH) during 2020 and 2021.
On July 25, 2023, the Supreme Court of British Columbia issued a certification order allowing the Plaintiff to pursue the following common issues: violation of privacy, vicarious liability, and punitive damages.
Certification in a class action proceeding is the legal process where the court determines whether a certain case should proceed as a class action. Class actions allow a group of individuals with similar claims and harm experienced to be represented collectively in a single lawsuit. The certification process does not make determinations on liability or damages.
The class action arises from the alleged involvement of Brigitte Cleroux, an individual believed to be an unlicensed nurse, in the provision of nursing care to approximately 1,150 patients who attended for gynecological surgical procedures during the specified period.
PHSA sent out letters to all of those in BC that were treated by Cleroux. If people believe they are included in this action, they are encouraged to reach out to Murphy Battista LLP or Slater Vecchio LLP about their experience.
Read the Reasons for Judgement on Certification Application in Massie v. Provincial Health Services Authority, 2023 BCSC 1275.
More information about the class action can be found here: Cleroux (Provincial Health Services Authority) Class Action.