Tentative $17M settlement reached in Restigouche Hospital class action alleging abuse of patients

A proposed $17-million settlement has been reached in a class-action lawsuit alleging decades of negligence and mistreatment of psychiatric patients at the Restigouche Hospital Centre in Campbellton, according to lawyers for the plaintiffs.

The action against Vitalité Health Network and the province, launched in 2019, alleged the defendants breached their legal duties and obligations in the manner that they operated Restigouche Hospital Centre, in northern New Brunswick, and that these breaches caused the class members to suffer physical and sexual assault.

Darrell Tidd, one of the two lead plaintiffs, said they are "extremely pleased" with the tentative agreement, which still has to be approved by the court for it to take effect.

"This avoids up to a 15-year court battle, and obtaining real compensation for class members is a big win," he said.

"The trauma-informed claims process is particularly important for this vulnerable class. We're proud of what we have achieved for the class members."

Tidd and Reid Smith started the lawsuit, acting as litigation guardians on behalf of their sons Devan Tidd and Aaron Smith, who were residents at the 140-bed facility. 

Tidd alleges his son, who has autism, was overmedicated and complained of assault at the hands of other residents. Smith alleges his son, who has autism and obsessive-compulsive disorder, was also overmedicated at the centre.

The action, which was certified on Oct. 1, 2021, currently includes all individuals who were admitted to or resided at Restigouche Hospital Centre from May 24, 2004, to Oct. 1, 2021, and who were alive as of May 24, 2017.

It also includes individuals who resided at the centre from Jan. 1, 1954, to Oct. 1, 2021, who claim they were sexually assaulted.

"The court has not decided which side is right or that the defendants have done anything wrong," the plaintiffs' Toronto-based law firm Koskie Minsky noted in a news release.

"The proposed settlement is also not an admission of liability or wrongdoing by the defendants with respect to the allegations found in the lawsuit," it said.

"Trials can be expensive and may take years before a final decision on who is right or wrong is made. By agreeing to the proposed settlement, the representative plaintiffs, class members and the defendants avoid the expenses, uncertainties and delays that come with a trial."

A hearing is scheduled for Sept. 25, when the Court of King's Bench will consider whether the settlement is "fair, reasonable, and in the best interests of the class," and whether to approve the settlement agreement.

Vitalité agreed to participate in the mediation process in order to allow the parties to reach an agreement, said president and CEO Dr. France Desrosiers. "The proposed settlement has been established to the satisfaction of all parties," she said in an emailed statement.