The veterans of Sainte-Anne’s Hospital will likely receive compensation of $ 19 million thanks to an out-of-court settlement for collective action concerning the maintenance of the quality of health care.
“We are very happy with the settlement considering the file we had and considering the risks of a possible trial and possibly of an appeal”, rejoices the lawyer who represented the plaintiff, Mr.e Michel Savonitto.
The class action lawsuit had been launched by Wolf William Solkin, a veteran of the Second World War on behalf of his brothers in arms who had resided at the Sainte-Anne-de-Bellevue establishment since April 2016. “If we wanted to do in so that some of them can see the color of this allowance, it was necessary to act quickly and act quickly ”, underlines Me Savonitto, specifying that most are over 90 years old.
The case has progressed rapidly since 2019. The trial, which was set for November 16, 2020, was avoided thanks to the agreement reached a few weeks before. Mr. Solkin is said to have learned of the agreement before he died on February 3.
The Prosecutors of Quebec and Canada, as well as the Integrated University Health and Social Services Center (CIUSSS) of the West Island of Montreal, pledge to pay $ 19 million to veterans, in plus an additional guarantee of $ 500,000, in the event that certain errors have been made in the calculation of hospital days. This amount represents $ 63 per day spent in the establishment since it came under provincial jurisdiction. From the total will be deducted legal fees and administration fees. Subsequently, a net amount will return to the pockets of veterans or their heirs.
Nature of the dispute
In 2016, Sainte-Anne’s Hospital, which was previously under federal responsibility, is now managed by the CIUSSS de l’Ouest-de-l’Île.
“At the end of the agreement [avec le fédéral], there were certain conditions which provided for the nature and quantity of the services that were to be provided to the veterans in order to maintain the services that existed before the transfer, ”explains Mr.e Savonitto.
“The recourse was aimed at compensating the veterans because, in our opinion, the amounts paid from the federal to the provincial had not been used for the benefit of the veterans who were still there after. [le transfert] from 1is avril 2016.» -Me Michel Savonitto, lawyer representing
There were therefore very specific terms and conditions that were provided for in the agreement, in particular the payment of certain indemnities per veteran per day spent in the establishment to compensate for the drop in the quality of care, if applicable. However, according to the applicant, not only was the quality of health care for former soldiers neglected, but federal allowances were not used by the Quebec Ministry of Health.
The veterans of Sainte-Anne’s Hospital were represented by Me Savonitto and by Me Larry Kanemy. The out-of-court settlement must be approved by Judge Martin F. Sheehan on April 22.
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