On October 2006, Maddalena Sims presented at the William Osler Health Center in Brampton with a complaint of a sudden onset of headache pain.

On December 2012, she was ultimately diagnosed with varicella zoster encephalitis (VZV).

The plaintiffs assert that the defendant doctors were negligent in the delayed diagnosis of VZV, which resulted in the delayed treatment with the antiviral medication, all of which resulted in a worse outcome than would have otherwise occurred with an earlier diagnosis and treatment.

Sims v. Zaitlen, 2017 ONSC 2501 – Endorsement

Mark Barber died on February 17, 2006, at Humber River Regional Hospital in Toronto from pneumococcal bacterial meningitis. He was 46 years of age. The respondents, his surviving wife and two daughters, sued two emergency room physicians, the appellant Dr. Virat Joshi, and Dr. David John Shergold, in negligence, alleging that Mr. Barber’s death resulted from their failure to properly investigate, diagnose and treat his meningitis.

Responding to Dr. Joshi’s appeal to the original Judgement by Justice Mary A. Sanderson:

Barber v. Humber River Regional Hospital, 2016 ONCA 897 – Appeal Judgement

This was an action against Dr. John Chong in which it was alleged that his medical management of his patient, Janet Thornhill, was negligent.

• Thornhill v. Chong, 2016 ONSC 6353 – Judgment

Fine v. Botelho; 2015 ONSC 6284 – Reasons for Decision (Plaintiff’s motion to consolidate)

The honourable Judge H.K. O’Connell, J. noted: The minor plaintiff, S. Shearer was significantly affected by the doctor’s negligence. Not only was Stone the recipient of hearing loss due to the negligence, he required hospitalization, surgery, rehabilitation, and ongoing therapy. He also required ongoing therapy to address his facial paralysis, wrought by Dr. Sewchand’s negligence.

The Plaintiffs argue that the doctor vigorously defended that case in the face of overwhelming evidence against him. His refusal to settle, or even to engage in settlement discussions, “was the sole reason for this trial.”

Shearer v. Sewchand, 2013 ONSC 4052 – Judgment

Shearer v. Sewchand, 2013 ONSC 6760 – Endorsement of Costs

Costantini v. Wong, Sanders, McRitchie_13-CRV-0305 – Decision and Reasons

In a judgement released September 25, 2009, Madam Justice Morissette found an obstetrical nurse and obstetrical resident responsible for the cerebral palsy of Jessy Gibson who was asphyxiated due to a delay in performing a Cesarean section.  At this time it is one of the most significant infant medical malpractice cases in the country.

2009 ONSC 51196 (CanLII) – Decision

Itamunoala v. Peirce, 2005 CanLII 5349 (ON SC) – Endorsement of Costs

The purpose of this trial was to have the Court determine the point of impact of a motor vehicle accident which occurred on Highway 86 in the Township of Woolrich on April 28th, 1994, at around 10:00 pm, when tragically Steven T. Spek was killed.

Spek v. Van Alten, 2004 CanLII 15925 (ON SC)

Spek v. Van Alten, [2005] O.J. No. 613

We are proud to announce that 14 of Thomson, Rogers’ lawyers have earned the distinction of being listed in the 2017 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: DAVID NEILL – listed as  Repeatedly Recommended in Plaintiff Personal Injury Litigation PATRICK SCHMIDT – listed as Consistently … Continued

TORONTO — A hospital doctor who failed to detect meningitis in a patient who died from the infection was professionally negligent, Ontario’s top court affirmed Monday. In upholding a negligence finding against Dr. Virat Joshi, the Ontario Court of Appeal said the evidence clearly showed Mark Barber was displaying symptoms the doctor should have noticed and investigated. … Continued

On August 15th, 2016, Thomson, Rogers’ personal injury lawyers Aleks Mladenovic, Adam Tanel and Darcy Merkur along with Lisa Bauer, Jennifer and Laura MacPhee gave their all at the Beach Blast Volleyball Tournament in support of individuals living with an acquired brain injury (ABI). All proceeds from the tournament go to various ABI survivor groups throughout … Continued

Location: The Carlu, 444 Yonge Street, Toronto  View Google Map Conference Goals This conference will enable participants to: Develop and enhance techniques for providing expert testimony Improve your confidence and avoid embarrassment in court educate delegates about the technical requirements of Examination in Chief and Cross Examination Provide insight on how to handle difficult cross-examinations Provide … Continued

Each year Canadian Legal Lexpert® Directory sends out a survey to all lawyers across the country asking who they would recommend as leaders in their respective field. Thomson, Rogers is proud to announce that 14 of our lawyers have been selected as Leading Practitioners for 2015. Congratulations to: Roger T. Beaman – Repeatedly Recommended in Property Development … Continued

Thomson, Rogers lawyers served breakfast this morning as part of the Toronto Lawyers Feed the Hungry program operated through the Law Society.

If you would like more information about the program or would like to donate, please visit: Lawyers Feed the Hungry Toronto.

A recent warning about the problems that can arise when oxytocin is used to induce labour will hopefully lead medical professionals to reconsider how the drug is used in Canadian hospitals, says Toronto medical malpractice lawyer Aleks Mladenovic. As the Edmonton Jounal reports, the Canadian Medical Protective Association (CMPA) reviewed 74 cases between 2002 and … Continued

A recent Ontario Superior Court decision ordering a doctor to pay a stroke victim $15 million in damages highlights a trend in medical negligence cases where the number of claims is shrinking, but financial compensation to plaintiffs continues to grow, says Toronto personal injury lawyer Aleks Mladenovic. Around Christmas 2008, Danielle Boyd was hospitalized for … Continued

An Ontario Superior Court justice has found a Peterborough surgeon negligent in his treatment of a six-year-old boy who, in having a pebble removed from his ear, suffered severe damage to his middle ear and facial nerve, causing hearing loss and facial paralysis, says Toronto personal injury lawyer Aleks Mladenovic. In September 2006, surgery was … Continued

Moderator: Aleks Mladenovic, Partner, Thomson, Rogers Panel: Debbie Hebert, Toronto Rehab/UHN Jeanette Podolsky, The Speech Therapy Centres of Canada Elizabeth Farquharson, Sunnybrook Hospital Current Issues and Trends for the Rehabilitation of People with ABI and Cognitive Impairment Communication Partner Training New Ideas in Acute Care Physiotherapy

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