Ontario, Canada: (Oct-24-07) Three class action lawsuits were brought against Dr. Salim Daya and Hamilton Health Sciences alleging improper medical practices. The lawsuits claimed that Daya performed an outdated surgery called Tompkins metroplasty to modify the shape of the women's uteruses to help them carry pregnancies to term instead of a standard, safer, and less invasive procedure.
In a settlement reached, the defendants agreed to pay $10 million to end the lawsuit. Daya will pay the bulk of the settlement, about 95%. The hospital covers the other 5%. The settlement, subject to court approval on Nov. 27, 2007 gives each of the potential claimants $35,000 each, plus $2,000 to compensate family members. The 189 women eligible to receive the settlement must have had the surgery between January 1990 and March 31, 2004. Some have already opted out of the class action suit and are pursuing their own lawsuits. The defendants did not admit to any wrongdoing or liability. Daya resigned from McMaster University Medical Centre in February 2004 after a storm erupted over his continued use of the procedure. He is now president of CAN-AM Cryoservices Corp. in Hamilton, a sperm bank for artificial insemination that requires donors to be tested. [