Health Sciences North in Sudbury facing class-action lawsuit

Class-action lawsuit filed against HSN Sudbury's hospital is facing a class action lawsuit claiming errors in the breast cancer imaging program. Alana Everson reports.

Sudbury — A Toronto law firm has launched a class-action lawsuit naming Health Sciences North and their senior administrators.

It claims systemic errors in breast imaging performed at the hospital in the last several years that would impact patient care and could lead to catastrophic outcomes for patients.

The statement of claim said the action arises from the systemic negligence of the radiology service at Health Sciences North in the performance of and interpretation of breast imaging, including mammography, breast ultrasound and MRI's.

"It's plain and obvious that senior management was told in 2018 that there were catastrophic outcomes as a result of misread reports in the radiology department and the radiology department falling below the standard of care," said lawyer Jordan Assaraf, of Gluckstein Lawyers. "Management knew about this and did nothing."

Breast radiology between 2008-2020

The lawsuit has been filed on behalf of patients who had breast radiology performed or interpreted at HSN between 2008 and 2020.

According to the claim, Shannon Hayes, a former HSN patient, and lead plaintiff, alleges she was told her tests were normal when the imaging showed abnormalities.

"I fear that Shannon's story is the tip of the iceberg," Assaraf said. "And that this tragic loss will causes these patients to lose trust in their healthcare institution which is there to care and protect them at these vulnerable times."

In response to the suit, HSN release the following statement:

"Health Sciences North would like to reiterate its dedication to providing high quality patient care for families of Northeastern Ontario. While HSN is unable to comment on this matter as it is before the courts, we want to underscore our commitment to quality and timeliness of care.

"HSN strives to uphold stringent standards and best practices to ensure patients receive the best quality care."

The lawsuit names the hospital and several of its doctors and radiologists as defendants.

The next step in the process is to have lawsuit certified in court within a year.

None of the allegations contained in the lawsuit have been tested in court.