Earlier this month, personal injury law firm Wagners announced the filing of a proposed class proceeding in Nova Scotia Supreme Court over the privacy breach at St. Martha’s Hospital.
A release on the Wagners website states the proposed class proceeding, filed on May 7, names Nova Scotia Health as the defendant to the litigation. The Statement of Claim alleges that Nova Scotia Health was negligent in protecting patients’ health information, and is also vicariously liable for the intentional conduct of the former employee.
The website goes on to state the first step in the proposed class proceeding will be the hearing of a certification motion to determine whether the litigation should be certified, and thus may proceed as a class proceeding. If certified, the case would proceed to a trial to determine the merits of the allegations in the Statement of Claim.
As of May 15, states the release, 159 affected patients contacted Wagners expressing interest in litigation.