Daya
Class Action

Settlement

SUMMARY OF SETTLEMENT COMPENSATION

The settlement provides for:

  • a base payment of $35,000 for any woman who underwent a Tompkins Metroplasty performed by Dr. Salim Daya at Hamilton Health Sciences Corporation in the period Janu ary 1, 1990 to March 31, 2004, inclusive, provided she does not opt out of the class action and provided a Claim Form and all required supporting documentation is subm itted to the Administrator by May 30, 2008 (the "eligible Class Member");
  • up to $20,000 in additional compensation if a person appointed by the court determines that the Tompkins Metroplasty materially contributed to the eligible Class M ember experiencing any of the specific medical complications or interventions listed in the Additional Compensation Grid in the time frames indicated. The amount of the additional compensation will depend upon the nature and number of medical complications or interventions an eligible Class Member experienced, and the number of valid claims for additional compensation by eligible Class Members;
  • a payment of $2,000 to be divided among all of the following members of the eligible Class Member's family who are currently alive and who were alive on the date o f the Tompkins Metroplasty (the "Family Class Members"):
    • spouse (married or common law)
    • children
    • parents
    • siblings
    • grandparents
    • grandchildren
  • any surplus of settlement funds after payment of all settlement compensation as outlined and payment of all counsel and administration costs approved by the court will be divided equally among all eligible Class Members.
  • any funds remaining in the Surplus six (6) months after the cheques were issued because of a failure to cash cheques sent be distributed to Women’s College Hospital.

CLAIMS BAR DATE

The deadline to make a claim for compensation has passed.

ADDITIONAL INFORMATION

For more detailed information on the settlement terms and the distribution, please refer to the Distribution Plan and the Judgment.

For more detailed information on the distribution of final payments, please refer to the Orders.