A Guelph dental clinic must provide financial compensation to eligible customers as a result of 2017 public health infractions, a court has ruled.
In a written decision issued Nov. 10, Justice J. Perell approved a class action lawsuit settlement agreement between Kimberley Lowe, on behalf of her two daughters, and Dr. Meikle Dentistry Professional Corporation, operated as Guelph Dental Associates.
The lawsuit was launched in response to a 2017 incident where Wellington-Dufferin-Guelph Public Health advised patients between Jan. 21 and June 21 of that year to get tested for HIV and hepatitis.
The court decision explains a child contracted a bacterial infection after being treated by a dental hygienist and, after WDG Public Health inspections found “numerous significant concerns” about infection prevention and control practices, the clinic was closed for several weeks.
When the clinic reopened they said they had taken several steps to address the issue.
Public Health sent out 3,600 letters to families that had patients at the clinic over a 27-month period, telling them to get tested for HIV and hepatitis, even though there was a “very low” risk of infection.
As a result, the plaintiff’s representatives, Will Davidson LLP, were contacted by 268 individuals who were patients or who were the parents of patients of the clinic, notes the decision, adding, “many of the patients were children including special needs children suffering from anxiety disorders, autism and cerebral palsy.”
Under the settlement agreement, eligible patients who were tested and had negative results will receive $500 each. Eligible patients who tested positive will receive $75,000 each.
“There is no evidence of any class member contracting an infection of Hepatitis B, Hepatitis C or HIV at Guelph Dental,” states the court decision.
The lawsuit, which was started in July, 2017, was approved for class action status this past summer. A settlement hearing was held Oct. 12, the court decision notes.