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Loblaws Hepatitis A
A settlement relating to a class action brought against Loblaws has been approved by Justice Cullity on June 15, 2006.

The claims process began on June 21, 2006, and the deadline to register your claim is October 31, 2006.

Information regarding the claims process is available at:


You may also contact:

Hepatitis A Claims Administrator
Bruneau Group Inc.
Street111-372 Rideau Street
Ottawa, StateON PostalCodeK1N 1G7
Tel: 1-866-393-8080
Fax: 1-613-562-0321

You can register your claim for compensation at:


Registration will also provide you with confirmation of your approval if you qualify.

If you do not wish to participate in the class action and the settlement you must opt-out by submitting a completed Opt-Out Form to the Claims Administrator by October 31, 2006 at:


Court documents, including the Order of Justice Cullity dated June 15, 2006, and the Notice of Settlement, can be viewed at:


If you elect to opt-out you will be excluded from receiving any compensation under the Loblaws Hepatitis A class action settlement, but you will still maintain the right to proceed against the defendant on an individual basis.

Background

On September 3, 2002, we launched our class action against Loblaws with a very detailed claim.  We allege various heads of negligence for Loblaws.  We soon amended our claim when we received word that the first positive test result among Class members had come in the day after we began.  Bernice Burnside joined our representative plaintiff Rose Carreiro who had campaigned tirelessly to bring clinics to her apartment building units where she heads the tenants' association.  We thought with Rose's strength and determination in getting things done and with the effects on Bernice who had the courage to come forward, we had two ideal representative plaintiffs.

Our lawsuit is for people who suffered in a variety of ways, whether they had the vaccine or not. There was the loss of food, as people were told to throw out all the produce (fresh and also prepared in the store, fruit and vegetables) bought between July 19 and August 16, 2002, and even food it touched, and then to santize the fridge.  People missed work acquiring the vaccinations, had pain and suffering , and even the vaccine has side-effects in addition to the soreness in the arm.

What are the symptoms of Hepatitis A?

The symptoms usually begin abruptly and last less than 2 months.

Fever
Loss of appetite
Dark urine
Tiredness
Nausea, vomiting
Jaundice (yellowing of skin)

Infection without illness is common in infants and young children.  Although they do not appear sick, infants and children are still able to spread the virus to others.

Symptoms of infection become more severe as people get older.  For10 % to 15% of infected persons, symptoms can last up to 6 months and up to 20% of infected individuals require hospitalization. Death due to iver damage from the virus is rare (= 0.5 %) but is more common in those over 50 years of age.

How do I know if I have Hepatitis A?

Hepatitis A can be confirmed with a blood test ordered by a doctor. It
is important to have this test done because the symptoms can be caused by many many different diseases.

If I have contact with the virus, how long does it take to get Hepatitis A infection?
Symptoms usually occur within 28 - 35 days after contact, but it can range from 15 to 50 days.

How long can someone with Hepatitis A virus pass the infection on to others?

A person can pass the infection to others for two weeks or more before they  even know they are sick. People remain infectious for up to one week after they get sick.

What can I do to prevent Hepatitis A infection?

There are many vaccines licensed in Canada that protect.  Only one shot is required for people who have been exposed to a known case, or to prevent community outbreaks.  The cost of this one shot was covered by the province.

For long-term protection you will need two shots. The cost of the vaccine is not covered by the province (except for close contacts of a person who has confirmed positive). The cost may be covered by private health insurance coverage.  No vaccine is available for children under age one. The vaccine is recommended for:

Vaccine is recommended for people over 1 year of age who are in contact with a  person who has Hepatitis A. The closer in time the vaccine is given after contact the better chance it has of preventing infection.

Immune globulin can also be given to people who have come into close contact with an infected person. Immune globulin is recommended for infants less than 1 year old and pregnant women.  Immune globulin is a sterile preparation of antibodies that can lower the risk of infection but gives only short-lived protection, likely only 3 to 5 months.

Our media statement in regard to the class action issued against Loblaws

We believe that Loblaws has built a well-deserved reputation for outstanding products and are working to resolve the situation in a manner that is fair for all parties concerned.  We began working on this matter at the beginning and went directly to the community involved, including on Sunday and Monday over the long weekend.  I met at the residence of a person who was showing symptoms including fever, severe abdominal pain, diarrhea up to 6 times a day, and dark urine, even at the time of receiving the vaccine on August 23rd, 2002.  She wanted to go to emergency over the long-weekend. She has a daughter who had fever, headache, and a baby of 8 months who is vomiting and neither eating nor sleeping.  I also spoke with a person who attended at emergency at Humber River Regional Hospital and later was taken by ambulance to St. Joseph's Health Centre after experiencing sever symptoms.  She has now tested positive (the details of which are in our amended claim).

Our proposed representative plaintiff, Rose Carreiro, worked tirelessly and courageously to canvass Toronto Public Health to bring clinics to her building, where she is President of the Tenant's Association consisting of 385 units.  She contacted Mayor Mel Lastman's office, Gerard Kennedy MPP Parkdale-High Park, and Councillor David Miller to arrange for a clinic that was accessible to the tenants, many of whom are elderly and disabled.  She then had discussions with people who work with Toronto Public Health.  She has 10 year-old twins, one of whom has spina bifida and reduced immunity and reacted to the vaccine (fever, grogginess, and diarrhea).  Another of our Class members who has soreness in her arm also has a 6 year-old daughter who was so afraid and upset by the needle that she has not had her required school booster shot.  Children are returning to school after just being vaccinated for Hepatitis A, so for many the timing is difficult.

We have issued and served a complex and very detailed Statement of Claim and do not wish to litigate this matter in the media.  We do not think that doing so is fair to the defendant.  We applaud the effort by Toronto Public Health and have sued on TPH's behalf also to recover damages in the amount paid by the Province.  We have also offered to work with Loblaws in structuring an early settlement, and indeed were at the corporate headquarters yesterday and hand-delivered a letter to counsel for Loblaws and its representatives today, a copy of which we are also providing to Toronto Public Health so that we can all work together.

As we have said, this situation is unfortunate and we firmly believe that Loblaws is an outstanding corporation which provides high-quality products.  In no way do we wish to challenge Loblaws in the media as doing so is simply unfair when a corporation is sensitive to pressure.  The case will be litigated on the merits....

We believe that our representative plaintiff, because of her contact with the people we have mentioned and her own circumstances wherein her family and twin boys were vaccinated, and as President of the Tenant's Association, is an excellent representative plaintiff who we feel can provide important insight and make a contribution to resolving this matter in a beneficial way for all concerned.  We want this case to be determined ultimately on the legal merits.  We have had no contact with the other lawyers involved, but there are mechanisms in our Court system which should allow for cooperation among counsel, and we look forward to working with other lawyers as the case may be.

We began working on this case immediately, have worked on it extensively, and have spoken with a large number of people in the community, and we look forward to being of assistance in finding a resolution for all parties concerned and especially the community.  We have proposed to Loblaws that an early meeting with us and Toronto Public Health could bring a speedier resolution.