The Ontario Superior Court of Justice has approved the settlement of this class action against Dr. Vivek (Vick) Handa, Upper Middle Dental and Vick Handa Dentistry Professional Corporation on behalf of the Class. The class action alleged that the class members were exposed to Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017.
The Ontario Superior Court of Justice has approved the settlement of this class action against Dr. Vivek (Vick) Handa, Upper Middle Dental and Vick Handa Dentistry Professional Corporation on behalf of the Class. The class action alleged that the class members were exposed to Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017. The settlement constitutes a compromise of all disputed claims, without any admission or findings of liability or wrongdoing against the Defendant.
TopThe settlement provides an all-inclusive sum of $1,611,500 CAD in full and final settlement of all claims, including Class Counsel fees, Claims Administration and Claims Adjudication expenses in return for a comprehensive release from the Class and the Ontario Ministry of Health, and a dismissal of the class action.
After deducting for applicable expenses, the settlement fund is split into two sub funds.
The Uninfected Claims Fund shall be 30% of $1,056,050, or approximately $316,815. Additionally, $20,000 will disbursed from this sub fund to the Ontario Ministry of Health for the cost of both past and probable future care costs to be provided to class members for treatment of injuries resulting from the incident or incidents (“the Exposure”) giving rise to this claim.
The Infected Claims Fund shall be 70% of $1,056,050, or approximately $739,235. The Infected Claim Fund comprises Infected/Cross-Infected/FLA (Family Law Act) Claim Submissions.
TopThe Claims Administrator must determine if a Claimant is an “Eligible Claimant”. A Class Member who submits a claim to either the Infected Claims Fund or the Uninfected Claims Fund before the Claims Bar Deadline may be considered an “Eligible Claimant” if all conditions are met. The criteria to determine whether a Claimant is an “Eligible Claimant” is different depending on the category that a person makes a claim under.
Being an Eligible Claimant does not automatically entitle the Class Member to a portion of the Settlement Fund.
Second, an Eligible Claimant must be an “Authorized Claimant”. Only Authorized Claimants will receive a portion of either the Infected Claims Fund or the Exposed Claims Fund.
TopClass members can claim part of the Settlement Fund on the following basis:
(A) The class member was exposed to Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017, and may have seen a doctor and/or gone for laboratory testing, but did not contract Hepatitis B, Hepatitis C and/or HIV (the “Exposed Class”); or
(B) The class member contracted Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017 (the “Infected Class”);
(C) The class member contracted Hepatitis B, Hepatitis C and/or HIV from a member of the Infected Class who had already contracted Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017 (the “Cross-Infected Class”); and
(D) All living parents, grandparents, children, siblings and spouses within the meaning of section 61 of the Family Law Act, R.S.O. 1990, c.F-3, as amended, of the persons described in paragraphs (B) and (C) above (the “FLA Class”).
If you meet the Class definition set out above, you are a member of the Class. Class Members making a claim will essentially fall into one of two categories:
The first category includes Class Members who were only exposed to, but did not contract, Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. Each Eligible Claimant who makes a proper claim prior to the Claim Deadline shall be paid a pro rata share of the Uninfected Claims Fund, to a maximum of $500.00 payable to each Authorized Claimant, and the Claims Administrator shall pay this compensation to the Authorized Claimant.
The second category includes Class Members who can establish that they contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. This category can include those who were cross-infected by an infected Class Member, meaning the cross-infected Class Member contracted Hepatitis B, Hepatitis C or HIV from another Class Member who contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. There are certain monetary limits for general damages (pain and suffering) and various special damages that can be claimed, but entitlement to any damages first requires the Class Member to prove, on a balance of probabilities, that he or she contracted Hepatitis B, Hepatitis C or HIV after and as a result of receiving dental services provided by the Defendant prior to June 9, 2017.
Under this second category, claims can also be made by parents, grandparents, children, siblings or spouses (within the meaning of section 61 of the Family Law Act, R.S.O. 1990, c.F-3) of the infected or cross-infected Class Member.
TopTo obtain compensation under the Settlement, you must make a claim on or before the Claims Deadline of June 14, 2021. Class members looking to file a claim as an Exposed/Uninfected Class Member can do so electronically using your assigned Claim ID and PIN and then selecting that you are looking to file an electronic claim under this category.
Those looking to file a claim under the Infected/Cross-Infected/FLA Class Member categories can find printable versions of these claim forms online by using your assigned Claim ID and PIN.
TopClass Members who were only exposed to, but did not contract Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017.
TopClass Members who believe they can prove, on a balance of probabilities (meaning it is more likely than not) that they contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017.
TopClass Members who believe they can prove, on a balance of probabilities (meaning it is more likely than not) that they were cross-infected by an infected Class Member, meaning the cross-infected Class Member contracted Hepatitis B, Hepatitis C or HIV from another Class Member who contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017.
TopClass Members under this category who can establish that they are the parent, grandparent, child, sibling, or spouse of an infected or cross-infected Class Member within the meaning of section 61 of the Family Law Act, R.S.O. 1990, c F-3), can make a claim under this category.
TopThe criteria to determine whether a Claimant is an “Eligible Claimant” is different depending on the category of claim being filed.
If you are filing an Uninfected/Exposed claim category submission you will be required to upload Proof of Identification. Acceptable forms of Proof of Identification are outlined on the electronic claim form.
If you are filing an Infected/Cross-Infected/FLA categories submission you will be required to provide an Ontario laboratory test report(s) confirming a Positive Hepatitis B, Hepatitis C or HIV test on a date that follows receiving dental services provided by the Defendant, and prior to June 9, 2017. Proof of Identification will also be required.
TopThe deadline to file a claim is June 14, 2021, late claim submissions will not be accepted.
TopClaim processing takes considerable time, updates on the timing of distribution will be posted.
TopThe Settlement Agreement provides that each Eligible Claimant who makes a proper claim prior to the Claim Deadline shall be paid a pro rata share of the Uninfected Claims Fund, to a maximum of $500.00 payable to each Authorized Claimant.
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