FREQUENTLY ASKED QUESTIONS

Any woman who underwent a Tompkins Metroplasty performed by Dr. Salim Daya at the Hamilton Health Sciences Corporation (the "Hospital") during the period January 1, 1990 to March 31, 2004 (the "Class Member"), may claim settlement compensation on her own behalf and on behalf of certain family members, provided she does not opt out of the class action.

The Class Member must submit a completed Claim Form and the required supporting documentation to the Administrator no later than May 30, 2008 to claim the compensation available for her and certain family members under the settlement.

If a completed Claim Form and the required supporting documentation is not submitted to the Administrator on or before May 30, 2008, all rights to claim or receive settlement compensation will be eliminated.

If the Class Member and all of her Family Class Members are alive, age 18 or older and mentally capable persons, the Shortform Claim Form should be used. Use the Longform Claim Form only if the Class Member has died or is a mentally incapable person or if any one of her Family Class Members is a mentally incapable peron or is under the age of 18.

A request for the Hamilton Health Sciences Corporation hospital records may be initiated by calling 866.492.2472. The Hospital will provide these records to the Class Member without charge.

No. The reference to legal counsel in Section A of the Claim Form refers only to a lawyer the Class Member has retained to assist her with collecting the compensation under this settlement, it does not refer to Class Counsel unless you have retained one of the Class Counsel firms to assist you with collecting your compensation under this settlement.

The claims process that is being implemented under this settlement is intended to be "user friendly". It is not anticipated that most Class Members would require legal counsel to claim the compensation available.

Payments from the Base Fund were mailed to eligible Class Members on August 15, 2008. It is expected that payments to eligible Family Class Members will be mailed later in the week of August 18, 2008.

Payment of contested Family Class Member payments, claims for additional compensation and the per capita sharing of excess settlement monies will not occur until the necessary hearings with Fund Counsel and/or the Referee have been completed and Court approval is obtained. It is expected that it will be September 2008, or later before this final aspect of the settlement is completed.

Any person who had a Tompkins Metroplasty performed by Dr. Daya at the Hospital between January 1, 1990 and March 31, 2004 who does not wish to be included in the class action or participate in the settlement, can exclude herself and her Family Class Members from participating by opting out of the class action.

If a written opt out notice is not submitted before March 31, 2008, the Class Member and all of her Family Class Members will be bound by the terms of the judgment and settlement whether or not a claim for settlement compensation is submitted.

Do not opt out of the class action if you wish to claim the settlement compensation.

To opt out of the class action a written opt out notice must be provided to the Hospital on or before March 31, 2008.

The procedure to opt out of the class action is outlined under Opting Out.

Any person who had a Tompkins Metroplasty between January 1, 1990 and March 31, 2004, who commenced her own individual lawsuit against Dr. Daya and/or the Hospital and who wishes to continue with her lawsuit, must opt out of the class action by March 31, 2008 to maintain the right to continue her lawsuit.

Any person who had a Tompkins Metroplasty between January 1, 1990 and March 3, 2004 who intends to commence her own individual lawsuit against Dr. Daya and/or the Hospital, must opt out of the class action by March 31, 2008 to maintain the right to proceed with an individual lawsuit. A Class Member should consider obtaining legal advice before she makes the decision to opt out of the class action if she has not already commenced an individual lawsuit.

A Class Member who submits a claim by May 30, 2008 who experienced certain medical complications or interventions in certain timeframes may claim for additional compensation if the complications or interventions were caused or contributed to by the Tompkins Metroplasty.

The Additional Compensation Grid sets out the medical complications and interventions for which claims may be made, the applicable timeframes and the amount of compensation that may be awarded for each.

The Class Member must complete the section concerning additional compensation on her Claim Form and submit a completed Physician's Form and required supporting medical documentation to make this claim. Additional compensation will be awarded if the person appointed by the court determines that the Tompkins Metroplasty caused or materially contributed to the occurence of the medical complication or intervention experienced by the Class Member. Whether or not the Tompkins Metroplasty caused or materially contributed to the Class Member's medical complications or interventions will be decided based upon the opinion provided in her Physician's Form and/or the medical documentation the Class Member provides.

The maximum amount of additional compensation that may be awarded to a Class Member whose Tompkins Metroplasty caused or materially contributed to the medical complications or interventions is $20,000. The amount of additional compensation actually paid will depend on whether there is sufficient money available in the Additional Compensation Fund to pay all additional compensation awarded. If the total amount available in the Additional Compensation Fund is not sufficient to pay the aggregate of all additional compensation awarded to Class Members these payments will be pro-rated.

The Physician's Form does not necessarily need to be completed by the treating physician. It may be completed by a family physician or gynecologist that has reviewed the operative/hospital/treatment record and is sufficiently aware of your overall medical history to form the opinion that the Tompkins Metroplasty caused or materially contributed to the complication or intervention having occurred.

The opinion that the physician is being asked to provide does not require them to say with scientific certainty that the Tompkins Metroplasty caused the medical complication only that having regard to your overall medical history it is more likely than not that the Tompkins Metroplasty contributed to the complication you experienced.

If you are claiming for more than one medical complication and there is no one doctor familiar with the complications and your overall medical history, you may submit more than one completed Physician's Form.

In most cases the entire hospital record is not required. The admission record and the operative record will in most cases be sufficient supporting documentation of the complication so long as they clearly show the Class Member's name and date of birth and establish which treatment she received, when, where and from whom.

The spouse (married or common law), children, parents, siblings, grandparents and grandchildren of the person who had the Tompkins Metroplasty who are currently alive and who were alive on the date of the Tompkins Metroplasty are all Family Class Members. The Class Member must list all of the people who fit the description of Family Class Members on her claim form.

Common law spouses are:

• persons who have cohabited continuously for not less than 3 years; or
• persons in a relationship of some permanence who are the parents of a child.

To qualify, the person must have been the common law spouse of the Class Member on the date she had the Tompkins Metroplasty.

The Class Member must make the claim for all of her Family Class Members who fit the description by providing their information on the Claim Form she submits.

The Class Member is required to list every living family member in every category that is set out on the Claim Form if they were alive at the time of the Tompkins Metroplasty and to certify that she has listed everyone. This includes ex-spouses who were spouses at the time of Tompkins Metroplasty and other family members who were alive then and now, even if the Class Member is out of touch with them or estranged from them.

This does not mean that the Class Member has to come to an agreement with an ex-spouse or other estranged Family Class Member. If there is no agreement on division of the Family Class Member payment, the Family Class claim will be sent to the Arbitrator for an investigation of the facts and a decision on the division of the Family Class payment. The Class Member should provide an explanatory letter with the Claim Form in these circumstances.

If the Class Member is deceased, her Estate Trustee must make the claim on her behalf and on behalf of all her Family Class Members. An Estate Trustee was either appointed under the Class Member's Will or a codicil to her Will or appointed by the court.

An Estate Trustee must use a Longform Claim Form and must provide the required supporting documentation under Section E of the Claim Form.

If the Class Member is a mentally incapable person, her Guardian of Property or Attorney for Property must make the claim on her behalf and on behalf of all of her Family Class Members. A mentally incapable person's compensation will be paid to her/his Guardian of Property or Attorney for Property.

The Class Member must include the claim for a Family Class Member who is a mentally incapable person on the Claim Form she submits when she lists all of her Family Class Members. The Guardian of Property or Attorney for Property of the mentally incapable Family Class Member must agree with the other Family Class Members on the amount to be allocated from the $2,000 Family Class Member payment to the mentally incapable person or, failing agreement, the Arbitrator will decide. A mentally incapable person's compensation will be paid to her/his Guardian of Property or Attorney for Property.

If there is a claim for a mentally incapable person, the Longform Claim Form must be used and the supporting documentation required in the Claim Form must be provided.

Any child, sibling or grandchild of a Class Member who is currently alive and was alive on the date of the Tompkins Metroplasty is a Family Class Member and entitled to share in the $2,000 Family Class Member payment.

The child of a Class Member who was alive on the date of the Tompkins Metroplasty and is currently under the age of 18 will be allocated $250 in compensation out of the $2,000 Family Class Member payment. These monies will be paid to the court and held until the child reaches age 18.

Any sibling or grandchild of a Class Member who was alive on the date of the Tompkins Metroplasty and is currently under the age of 18 is entitled to be allocated compensation out of the $2,000 Family Class Member payment in an amount to be agreed by her/his custodial parent(s)/person(s) with all of the other Family Class Members. If the custodial parent(s)/person(s) cannot agree with the other Family Class Members on the amount of compensation the person under 18 will receive out of the $2,000 Family Class Member payment, the Arbitrator will decide. Monies for persons under the age of 18 will be paid to the court and held until the person reaches 18.

The Class Member must include the claim for a Family Class Member under the age of 18 on the Claim Form she submits when she lists all of her Family Class Members.

If a Family Class Member is under the age of 18, the Longform Claim Form must be used. Section B and/or Section C of the Claim Form must be completed about every person who is under age 18 and the required supporting documentation under the applicable section must be provided with the Claim Form.