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The Lawsuit against Motherisk for faulty drug testing

Sunday, September 11, 2016 - Information - Bill Korbak - KIDS FOR CASH FIND JUDGES LAWYERS CPS/SS/FAMILY COURTS ALL GUILTY

TODAY: Toronto Star: Sept 11 2016: The Motherisk lawsuit was in court this last week with the Hospital for Sick Kids and Motherisk former director Dr. Gideon Koren accusing each other in their Statements of Defence with ‘cross claims’ filed.

Hopefully the parents in the case and their lawyers established that they would pursue “vicarious liability” for the conduct of the Motherisk tests. This means that Sick Kids is responsible for Motherisk tests and the actions of all their employees even if they did not know what they were doing. The idea is that they must know and negligence applies.

Generally, plaintiffs in lawsuits are so heavily focused on punishing individual employees without ever knowing that vicarious liability is a better way to go. While individual workers can be named, the hospital has deeper pockets. The same applies to parents wanting to sue a CAS for their fraudulent conduct. You can win a $1 million claim against a specific worker, but you may never see all the cash even with an ‘enforcement order’, the employee will have to work a lifetime to earn it and you’ll wait a lifetime to get it!

This is the early stages of the lawsuit. Still to come is the court process to “certify” the class action before the suit goes further. It’ll be interesting to see how many cases involved Motherisk employees accepting hair samples from CAS workers rather then demanding actual parents show up at the lab get samples directly! If CAS workers took samples then the “chain of custody” of the samples is destroyed, meaning they can change the hair samples to skew a test! Any lab knows they need to get samples directly from the test subject not a party with an adverse interest.

Where CAS workers were involved in sample collection, then the CAS becomes liable as well! Records from Motherisk should show how the samples were obtained and the contact names involved! There’ll be more to come on this !!!!

Link: thestar.com/news/gta/2016/09/11/hospital-motherisk-director-point

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The Lawsuit against Motherisk for faulty drug testing

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by Donna Savoie
X Dear Canadian Court Watch,  We have more information available for the lawsuit against Motherisk: The lawyer and firm that is spearheading this lawsuit is Benjamin Salsberg. Mr. Salsberg is a Toronto based lawyer with more than 3... More >>
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