The Ontario Superior Court of Justice has approved the settlement of this class action against Dr. Vivek (Vick) Handa, Upper Middle Dental and Vick Handa Dentistry Professional Corporation on behalf of the Class. The class action alleged that the class members were exposed to Hepatitis B, Hepatitis C and/or HIV after receiving dental services from the Defendant prior to June 9, 2017.
The Defendant has agreed to pay the all-inclusive sum of $1,611,500 CAD to settle the claim.
The Settlement Agreement constitutes a compromise of all disputed claims, without any admission or findings of liability or wrongdoing against the Defendant.
Who can submit a claim?
Class Members making a claim will essentially fall into one of two categories:
The first category includes Class Members who were only exposed to, but did not contract, Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. Each Eligible Claimant who makes a proper claim prior to the Claim Deadline shall be paid a pro rata share of the Uninfected Claims Fund, to a maximum of $500.00 payable to each Authorized Claimant, and the Claims Administrator shall pay this compensation to the Authorized Claimant.
The second category includes Class Members who can establish that they contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. This category can include those who were cross-infected by an infected Class Member, meaning the cross-infected Class Member contracted Hepatitis B, Hepatitis C or HIV from another Class Member who contracted Hepatitis B, Hepatitis C or HIV after receiving dental services provided by the Defendant prior to June 9, 2017. There are certain monetary limits for general damages (pain and suffering) and various special damages that can be claimed, but entitlement to any damages first requires the Class Member to prove, on a balance of probabilities, that he or she contracted Hepatitis B, Hepatitis C or HIV after and as a result of receiving dental services provided by the Defendant prior to June 9, 2017.
Under this second category, claims can also be made by parents, grandparents, children, siblings or spouses (within the meaning of section 61 of the Family Law Act, R.S.O. 1990, c.F-3) of the infected or cross-infected Class Member.
How to Make a Claim
To obtain compensation under the Settlement, you must file a claim on or before the Claims Deadline of June 14, 2021. Class members looking to file a claim as an Exposed/Uninfected Class Member can do so electronically using your assigned Claim ID and PIN and then selecting that you are looking to file an electronic claim under this category.
Those looking to file a claim under the Infected/Cross-Infected/FLA Class Member categories can find printable versions of these claim forms using your assigned Claim ID and PIN.
Please click here to make a claim.