Victims launch $50 M lawsuit over West Nile
Avis Favaro, CTV National Medical Correspondent
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20030620/west_nile_suit_030619/Health?s_name=&no_ads=
Victims of last year's West Nile outbreak are about to file a $50 million group action lawsuit against the government of Ontario for failing to protect them from the virus, CTV News has learned.
"The province of Ontario failed to take protective measures to protect the people of Ontario from West Nile Virus last year and people in Ontario were needlessly infected with West Nile virus, causing very serious illness and, in some cases death," Douglas Elliott, the lawyer representing the West Nile victims, said.
Details of the lawsuit will be made public at a news conference Friday. The group action lawsuit includes 12 people, but 50 others are considering whether to join in.
In an interview with CTV News, Elliott outlined the main points.
"The government failed to plan to take appropriate measures to protect the public from West Nile virus; they failed to have adequate testing capacity available," said Elliott.
The lawsuit also addresses what plaintiffs say was a failure on the provincial government's part to take "a leadership role" in getting rid of mosquitos and larva.
"Finally ... they failed to warn the public that we had a dangerous West Nile virus epidemic present so that they could take whatever measures they could to protect themselves," Elliott said.
The plaintiffs are seeking compensation for their pain and suffering as well as for loss of income, where applicable.
Last year, West Nile was blamed in the deaths of 17 people in Ontario and two in Quebec. Other victims of the illnesses have suffered permanent brain damage and paralysis.
Elliott acknowledged that, while there are situations where people could become ill or die unavoidably, the West Nile toll could have been lower had the government taken the necessary precautions.
David Kimmel, whose mother became infected and died of West Nile, said Ontario's failure to do so is "beyond shameful and negligent."
"The province was aware in early 2001 that West Nile virus was already in Ontario and they did nothing," he said. "They waited for people to die and that goes beyond shameful and negligent."
Elliott said it appears Ontario is somewhat better equipped to handle West Nile this year, but he added: "Why should the people that I represent suffer because the government of Ontario needed to learn how to handle an epidemic?"
He added that there is still room for improvement this mosquito season.
"They're not using the best testing -- the PCR testing that should be used to ensure the most rapid and accurate test possible, (and) larviciding is not being done aggressively," Elliott said.
"It's happening, but it's very spotty."
