SETTLEMENT COMPENSATION

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 January 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 submitted 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 Member 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 of 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.

CLAIMS BAR DATE

  • To claim settlement compensation, a completed Claim Form and the required supporting documentation must be submitted to the Administrator no later than
    May 30, 2008:
    • by mail to:
      The Administrator - Daya Class Action
      c/o Sutts, Strosberg LLP
      Lawyers
      600-251 Goyeau Street
      Windsor, ON N9A 6V4
    • or by fax to:
      The Administrator - Daya Class Action
      866.316.5308
  • Failure to submit a Claim Form and the required supporting documentation by
    May 30, 2008 will eliminate all rights to claim/receive compensation under the settlement.

ADDITIONAL INFORMATION

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