Motherisk Class Action
The Motherisk Class Action has now been discontinued.
In 2016, Koskie Minsky LLP and Sutts, Strosberg LLP commenced a class action against The Hospital for Sick Children (“SickKids”) due to flawed hair-strand drug and alcohol testing conducted by Motherisk between 2005 and 2015. Dr. Gideon Koren, the founder and laboratory director of Motherisk, and Joey Gareri, the laboratory manager at Motherisk, are also named as individual defendants in the lawsuit. The claim alleged that the defendants were negligent by, among other things, failing to meet internationally recognized forensic standards with Motherisk’s hair-testing and by failing to provide proper oversight to ensure the quality, proficiency and accreditation of its tests.
In November 2017, the court decided that the case could not proceed as a class action. Attempts to appeal that decision were unsuccessful. The uncertified class action was discontinued on December 14, 2021.
When a person has a legal claim that they can bring to a court, they usually have to do so within a set period of time. This is referred to as the “limitation period”. When a class action is started, the limitation period is suspended, or paused, for the proposed class of people whose claims would be part of a class action. In this case, the proposed class included the following people:
- all persons who tested positive from a hair-strand drug and/or alcohol test administered by Motherisk between January 2005 and April 2015 (the proposed “Class”); and
- all parents, grandparents, children, grandchildren, siblings and spouses of Class members within the meaning of the Family Law Act (the proposed “Family Class”).
For these people, the limitation period on their claims in relation to Motherisk was paused between December 22, 2015 and December 14, 2021. As the action started by Koskie Minsky LLP and Sutts, Strosberg LLP was not certified as a class action, Koskie Minsky LLP is now representing a group of individual plaintiffs in claims related to Motherisk. On December 14, 2021, the uncertified class action was discontinued and the limitation period began to run again for the claims of people who would fall within the Class and the Family Class, as described above.
If you fit within this group of people, you may become unable to bring a claim in relation to Motherisk as the limitation period has begun to run again. You may wish to consult your own lawyer about this issue as soon as possible.
We are unable to represent any additional plaintiffs in this matter. If you wish to pursue an action in relation to Motherisk, you must seek counsel and file a claim.