Dr. Stephen James/Rothbart Class Action

Dr. Stephen James / Rothbart Clinic

A class action lawsuit was filed following an infectious disease outbreak which occurred at the Rothbart Centre for Pain Care Ltd between January 1, 2010 and November 30, 2012. The class action was brought on behalf of patients who received a spinal epidural injection administered by Dr. Stephen Rose James at the Clinic during the Class Period and subsequently became infected. The Class Action has now been certified and is scheduled for trial in early 2019.

Harte Law PC filed the class action, Levac v. Stephen Rose James et al. (Court File No: CV-14-51133300CP). The lawsuit alleges that Dr. James, the Rothbart Clinic and other healthcare professionals at the clinic owed a duty of care to patients to ensure that proper infection prevention and control (IPAC) practices were followed and that the failure to maintain adequate IPAC practices lead to serious infections. Specifically, the action seeks damages for individuals who were infected in the course of an epidural injection at the Clinic administered by Dr. James during the class period (January 1, 2010 through to November 30, 2012).

Class Action Certified

In 2014, the Toronto Star broke the story about the outbreak. At least nine patients who received injections were infected with potentially deadly staphylococcus aureus bacteria. A December 2012 inspection by Public Health revealed 170 deficiencies in infection control at the clinic. Dr James was a carrier of the implicated bacteria. At that time, Dr. James told the Star “I am very remorseful and regretful (about what) happened to these people … I think about it every day that I hurt these people.” Soon after Levac filed a class action lawsuit. Dr. James denied any liability.

Dr. James’ legal defence is being funded by the Canadian Medical Protective Association (CMPA). The CMPA provides legal defense and liability protection for physicians in Canada. Fees paid by doctors to the CMPA are largely reimbursed with taxpayer funds.

In 2015, Dr James was found by a disciplinary committee of the College of Physicians and Surgeons of Ontario to have treated outbreak patients, including Levac, in unsterile conditions. “Your care — or, better said, lack of proper care — and procedures you performed on these patients is, and was, simply unacceptable,” chair Dr. Marc Gabel told James in December 2015 after the committee handed down a 10-month suspension. “The committee found that there were very serious breaches occurring over many months, and the consequences have been devastating,” says the disciplinary decision.

Even after the College decision, CMPA lawyers continued to fight the lawsuit. Harte Law PC moved for summary judgment. In December of 2016, a Superior Court judge certified the case and granted judgment entitling James’ patients compensation. Justice Paul Perell wrote that James’ failed to undertake proper infection control measures. Dr. James with the CMPA’s assistance appealed the ruling which was overturned by the Court of Appeal for Ontario, which cited a procedural failure in Perell’s ruling. The appeal court send the case back to be heard by a different judge.

On February 23, 2018, Justice Morgan certified the class action once again. The merits of the case will be considered by Justice Morgan early in 2019, more than 6 years after Levac was first infected.

Opting Out

Members of the Class who do not wish to participate in the Class Action must opt-out of the Class Action.

Any class member who wishes to opt-out of the Class Action must do so on or before 5:00 p.m. E.S.T. on September 21, 2018 by sending a written election signed by the Class member stating that he or she outs out of the Class Action to Harte Law PC, Attention: James Class Action to 16 Sims Crescent, Unit 30, Richmond Hill, Ontario L4B 2P1 or by email to mdamiano@hartelaw.com.

No Class member will be permitted to opt-out of the Class Action after September 21, 2018.

No person may opt-out a minor or a mentally incapable person without permission of the court after notice to The Children’s Lawyer or the Public Guardian and Trustee, as appropriate.

Class Definition

If you fit the Class Definition, you are a member of the Class Action. The Class is defined as follows:

All persons who received an epidural injection administered by Stephen Rose James (“Dr. James”) at the Rothbart Centre for Pain Care Ltd. (the “Clinic”) between January 1, 2010 through to November 30, 2012, and who subsequent to their treatment developed signs or symptoms clinically compatible with bacterial meningitis, epidural abscess or cellulitis of a bacterial origin and/or bacteremia (“Clinical Infection”), or where such a person is deceased, the personal representative of the estate of the deceased person who developed a Clinical Infection; (the “Infected Patients”), and

All living parents, grandparents, children, grandchildren, siblings, spouses and same sex partners (within the meaning of s. 61 of the Family Law Act) of Infected Patients, or where such a family member died after his or her related Infected Patient developed signs or symptoms of Clinical Infection, the personal representative of the deceased family member (“Family Law Claimants”).

Class Representative

Anne Levac is the representative plaintiff for the class. Within days of receiving an injection at the pain clinic, the 68-year old resident of Fenelon Falls developed a bacterial infection in her spine. She was rushed to hospital by ambulance, falling in and out of consciousness and suffering excruciating pain. She spent 10 weeks in hospital and alleges that she was left permanently disabled.

Here to Help

If you would like to speak to a lawyer about the Class Action, please email Maria Damiano at mdamiano@hartelaw.com or call 289-695-2452. We will continue to update this website as developments occur.

This website provides only general information about‎ this class action. While it is not always current, it is updated from time to time as information becomes available.

This website is not designed to and does not provide legal advice or answer legal questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice for your individual situation. This website does not replace independent legal advice.

Providing information through this website does not make you a client of Harte Law PC, does not create a solicitor-client, fiduciary or other form of relationship, and does not make you a member of the class. Whether or not you are a class member is determined by court order. Any information you provide will not be privileged, confidential or private. The information you provide may assist in prosecuting this matter as a class action and assessing damages for the class overall.

Dr. Stephen James / Rothbart Clinic

Class Action Certified

Opting Out

Class Definition

Class Representative

Here to Help

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