South West Health Privacy Breach

Hemeon et al. v. South West Nova
District Health Authority
Nova Scotia Supreme Court File: Hfx No. 398067 

Wagners commenced a class action on behalf of individuals whose medical records were inappropriately accessed by an employee of the South West Nova District Health Authority. The action was filed on June 20, 2012 in the Supreme Court of Nova Scotia.

WHO IS ELIGIBLE?

A proposed settlement (“Settlement”) has been reached in the South West Nova District Health Authority privacy breach class action. We (Wagners) are class counsel in this class action.
In 2012, letters were sent to some individuals from the South West Regional Health Authority advising them that their personal health information had been inappropriately accessed by an employee.

The Settlement applies to all Class Members. Class Members are:

All living persons who were sent letters from the South West Regional Health Authority advising them that their personal health information had been inappropriately accessed by an employee, excluding:

a. Living persons who subsequently received letters advising them that their personal health information was not inappropriately accessed; and
b. Any persons who opted out of the class action by providing a valid opt-out form by the opt-out deadline.
HOW MUCH WILL I RECEIVE UNDER THE SETTLEMENT?

The Settlement provides for a $1 million (CDN) settlement payment, which will be used to pay
$1,000.00 (CDN) to each Class Member, as well as legal fees, the costs of notifying Class Members about the Settlement, and the costs of distributing
the payments.

Class Members will each receive a $1,000.00 (CDN) cheque by regular mail. You must deposit your cheque within six (6) months from the time they are mailed by us.
 
If you are a Class Member and have moved residences since June of 2012, we invite you to contact us by telephone or email as soon as possible to provide your updated mailing address as soon as possible. This will help ensure you receive your payment of $1,000.00.
If any cheques are returned as undeliverable, we will try to locate you within thirty (30) days of it being returned.
SETTLEMENT APPROVAL HEARING – JUNE 22, 2017 AT 9:30 A.M.
The Settlement will only be effective if the Court approves it as being fair, reasonable and in the best interests of Class Members. The Court will determine this at a Settlement Approval Hearing on June 22, 2017 at 9:30 at the Law Courts Building, 1815 Upper Water Street, Halifax, Nova Scotia.
OBJECTION TO SETTLEMENT- DEADLINE OF JUNE 19, 2017
If you wish to object to the Settlement, you may submit a written objection to us. Your written objection must be received by us no later than June 19, 2017 at the mailing address or email address provided be low. We will file copies of all objections with the Court. Do NOT send an objection directly to the Court. You may attend the Settlement Approval Hearing and you may make oral submissions to the Court.
LEGAL FEES

At the Settlement Approval Hearing, we will request approval for payment of our legal fees, disbursements and applicable taxes. We have pursued this lawsuit on a contingency basis and will seek approval from the Court for such payment in accordance with the terms of our retainer agreement.

CONTACT US FOR MORE INFORMATION OR TO UPDATE YOUR ADDRESS

If you have any questions or wish to update your mailing address, please contact us by email at [email protected] or by telephone at 1-800-465-8794 I 902-425-7330. Our mailing address is Wagners, 1869 Upper Water St., Halifax, Nova Scotia, B3J 1S9.

Updates & Latest Developments

January 4, 2019

A settlement was approved by the Supreme Court of Nova Scotia on June 22, 2017. The settlement has been administered and is now closed.