02 Oct Maher v. Sutton

Posted at 00:00h in Medical Malpractice

             The plaintiff John Maher seeks damages for loss and injury that he alleges he suffered as a result of having corrective laser eye surgery on March 27, 2008. Mr. Maher alleges that the defendants were negligent in in their treatment of him and that the defendants proceeded with the surgery without his informed consent. Mr. Maher also seeks punitive damages against the defendant Dr. Hugo Sutton for wilfully undertaking the surgery for which Mr. Maher was not a suitable candidate and for failing to provide proper follow-up care for complications that arose as a result of the surgery....

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16 Sep Dick v. Coquitlam (City)

Posted at 00:00h in Medical Malpractice

             The City of Coquitlam applies pursuant to Rule 9-7 of the Rules of Court for dismissal of this claim on the basis that the plaintiffs have failed to comply with statutory and bylaw requirements of the City for the development of their property and the City is entitled in law to enforce the requirements of those statutes and bylaws and has therefore breached no duty of care to the plaintiffs....

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26 Apr Tripp v. Ur

Posted at 00:00h in Medical Malpractice

             There are three applications before me:  the defendant doctors and the defendant health authorities seek summary judgment dismissing the plaintiff’s claims for medical negligence; the plaintiff seeks adjournment of the summary judgment application, and ancillary orders. The plaintiff is now self-represented although intelligent and articulate. She demonstrates a keen focus on the medical issues that bring her before the court. In argument she referred to various case authorities....

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06 Nov Rasman v. Regan

Posted at 00:00h in Medical Malpractice

             The plaintiff, Rudolf Rasman, claims damages for medical negligence against the defendant, Dr. William Regan, an orthopaedic surgeon, based on lack of informed consent.  On October 26, 2006, Dr. Regan performed surgery to repair a fracture of the plaintiff’s left clavicle, or collar bone. That procedure, an open reduction internal fixation of the left clavicle, involved opening up the fracture, and attaching a titanium plate to the clavicle in order to achieve union of the bone where it had fractured. On the same day, Dr. Regan also performed arthroscopic knee surgery on the plaintiff.  Mr. Rasman’s claim concerns only the surgery to his clavicle....

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10 Aug Fairchild v. British Columbia (Vancouver Coastal Health Authority)

Posted at 00:00h in Medical Malpractice

           The plaintiff appeals a Registrar’s decision disallowing and, in some cases, reducing certain disbursements incurred in the course of preparing her personal injury action for trial. The Registrar’s hearing followed a settlement of a complex medical malpractice action in which both liability–more specifically, causation–and quantum were in issue....

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04 Jan Alnoor v. Colgate-Palmolive Canada Inc.

Posted at 00:00h in Medical Malpractice

             THE COURT:  This action arises from an alleged defect in a toothbrush manufactured by the defendant Colgate‑Palmolive Canada. Ms. Alnoor alleges that she was seriously injured when the toothbrush fractured in two places while she was brushing her teeth. She claims substantial damages for injuries she says she suffered as a result....

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30 Aug Bartram v. Glaxosmithkline Inc.

Posted at 00:00h in Medical Malpractice

             The plaintiffs allege that a child suffered birth defects as a result of her mother’s use of the antidepressant Paxil during her pregnancy. They have applied to certify this action as a class proceeding. The present issue is whether the defendants, who manufactured and marketed the drug, should have access to the plaintiffs’ medical records before they respond to the certification application....

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19 Aug Glaholt v. Ross

Posted at 00:00h in Medical Malpractice

             Ms. Glaholt lost most of the vision in her right eye in the period after April 6, 2009. Because she had previously lost most of the vision in her left eye, the vision loss has been particularly devastating....

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