Perell noted that there are already 328 named plaintiffs pursuing claims outside of the class-action lawsuit. “The main thrust of the decision, that these individuals should proceed to soldier on in individual cases, we fundamentally disagree with,” lawyer Jody Brown said. If it were certified, the class-action lawsuit would have included a common issues trial, where issues shared across the class could be decided, followed by individual issues trials, where the unique circumstances in individual cases could be determined. Sick Kids initially defended the reliability of Motherisk’s testing, but closed the lab in the spring of 2015 after learning it had been misled about Motherisk’s international proficiency testing results. Led by retired judge Judy Beaman, the Motherisk Commission has so far identified 50 cases where Motherisk testing had a significant impact on decisions to remove children from their families.

Source: thestar November 02, 2017 21:35 UTC