Class Action Certified Against Provincial Health Services Authority (PHSA) for Unlicensed Nurse’s Alleged Involvement in Patient Care at BC Women’s Hospital

Press Release – Certification Decision (July 25, 2023) – Massie V PHSA

Murphy Battista LLP and Slater Vecchio LLP jointly announce the successful certification of a class
action against the Provincial Health Services Authority (PHSA) on behalf of patients who received
procedures at BC Women’s Hospital and Health Centre (BCWH) during 2020 and 2021.

On July 25, 2023, the Supreme Court of British Columbia issued a certification order allowing the
Plaintiff to pursue the following common issues: violation of privacy, vicarious liability, and
punitive damages.

Certification in a class action proceeding is the legal process where the court determines whether
a certain case should proceed as a class action. Class actions allow a group of individuals with
similar claims and harm experienced to be represented collectively in a single lawsuit. The
certification process does not make determinations on liability or damages.

The class action arises from the alleged involvement of Brigitte Cleroux, an individual believed to
be an unlicensed nurse, in the provision of nursing care to approximately 1,150 patients who
attended for gynecological surgical procedures during the specified period.

PHSA sent out letters to all of those in BC who were treated by Cleroux. If people believe they are
included in this action, they are encouraged to reach out to Murphy Battista LLP or Slater Vecchio
LLP about their experience.