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Cardozo v. Becton, Dickinson & Co.

East Kootenay medical testing device malfunction

This case involves the failure of a medical testing device (the PD ProbeTec) which was used by the Interior Health Authority in the East Kootenay region to test patients for Gonorrhea and Chlamydia.

The device in question was installed in Kimberley from November, 2000, to April, 2002, and in Cranbrook from May 2002 to July 23, 2003, and served the entire East Kootenay region. It is alleged that the machine was not reliable, and generated unreliable results, and in some cases false results.

The Plaintiff says that as a result of the machine being unreliable, class members were required to undergo retesting which would otherwise have been unnecessary. The Plaintiff further alleges that losses were suffered by those persons who received false positive results and by those persons who received false negative results.

A lawsuit was filed on behalf of the class in November, 2003. We have negotiated a settlement of this claim. The settlement terms and legal fees must be reviewed and approved by the Courts and a hearing date for that is scheduled for October 28, 2005 at the New Westminster Courthouse.

    To review a copy of the Notice of Settlement, click here
    To review a copy of the Settlement Agreement, click here

The Settlement has now been approved by the courts.

    To view a copy of the Notice of Settlement, click here
    To download a complete Settlement Claim Package, click here