Daya Class Action
In March 2004, three class actions were commenced against the Hamilton Health Sciences Corporation ( HHS ) and Dr. Salim Daya, an obstetrician-gynecologist who specializes in treating infertility and recurrent pregnancy loss. The lawsuits alleged that, between 1990 and 2003, Dr. Daya performed an obsolete surgical procedure called a Tompkins metroplasty on at least 93 women.The lawsuit follows the March 3, 2004 announcement by HHS that it had conducted an audit of Dr. Daya's use of the Tompkins metroplasty after a colleague noticed that the outmoded procedure was frequently on the surgical list at HHS . Four fertility experts were called in to review Dr. Daya's patient records, and the experts agreed that Dr. Daya's use of the Tompkins metroplasty was inappropriate and fell below the accepted standard of care. They estimated 93 of Dr. Daya's patients had had the inappropriate procedure. The experts further concluded that in the case of at least 35 of the 93 women involved, no irregularity in the uterus was apparent at all.
The plaintiffs allege that the Tompkins metroplasty was obsolete as far back as 1990, and that both HHS and Dr. Daya were negligent in their care and treatment of those women who had the procedure between 1990 and 2003. They seek general and special damages plus punitive damages, as well as damages on behalf of the family members of the women affected.
Please contact our office for more information and/or visit: www.dayaclassaction.com
NOTE: The website for the Daya Class Action contains important information concerning the expiry of time to join your claim to this class action and details concerning how to make your claim. Please review the Day Class Action website carefully.