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An Ottawa lab will reportedly face a class action lawsuit lodged by a nursing home over allegations that residents were given false COVID-19 positive test results.
According to the proposed false COVID-19 positive test results class action lawsuit, in late April several residents and staff members at Case Manor Community Care, a senior care facility located in Bobcaygeon, Ontario, were tested for the virus. Eight of the tests came back positive, forcing four residents and four staff members to self-isolate. Additionally, the district health unit declared an outbreak.
A “false-positive” test result means that a person does not have the virus, but the test incorrectly comes back as positive for the virus. A false-positive result is in contrast with another type of incorrect result, called a “false-negative,” that means a person does have the virus, but the test comes back negative.
Doubt arose regarding the test results from Case Manor residents and staff on May 1, says the complaint, and those who tested positive were retested using tests provided by a separate company. On May 4, 2020, those tests came back negative for COVID-19 and the senior care facility was reportedly declared coronavirus free.
The false COVID-19 positive test results class action lawsuit says that original tests were administered by Bio-Test Laboratories and the tests were provided by Spartan Bioscience. The class action lawsuit accuses the companies of using defective tests.
“Somebody screwed up, whether it was a faulty test or a faulty administration or interpretation of the test, we don’t know,” Murray Miskin, the lawyer representing the plaintiffs in the class action lawsuit, told Global News reporters.
The proposed false COVID-19 positive test results class action will be filed on behalf of Case Manor Community Care staff and residents who had to either stop working and/or self-isolate, along with their close family members and friends who may have also had to self-isolate due to the false-positive test results. The lawyer representing the plaintiffs reports that he is also working with the operators of the care facility to recoup financial losses due to the allegedly defective tests.
“The Bobcaygeon community has already been devastated by Covid-19. To have false positive test results at Case Manor has made people terrified and they have suffered genuine financial losses in addition to emotional harm.”
Spartan Bioscience told Global News Peterborough that the allegations in the proposed false COVID-19 positive class action lawsuit are “entirely false.”
“Spartan has only shipped tests to the National Microbiology Laboratory (NML) and its provincial partners in Ontario, Manitoba, Alberta, Nova Scotia and Québec,” said a representative for the company to Global News reporters.
Global News goes on to report that Spartan Bioscience has issued a voluntary recall for its rapid COVID-19 test; however, the company noted to reporters that the recall was issued over false-negative results.
The law office representing the plaintiffs in the proposed class action lawsuit says that it will be filed online with the Superior Court in Peterborough. The lawyer is seeking others who were given a false COVID-19 positive test result. The allegations have not yet been proven in court.
Health Agencies Concerned About Accuracy of Test Results
Several health agencies in the area where Case Manor is located have expressed concern about false COVID-19 positive test results. Global News reports that the same Ottawa lab named in the class action lawsuit, Bio-Test, reported a technical error recently, leading to the rejection of 94 test results issued recently.
Public Health Ontario has stated that it will not be sending any more tests to that lab.
“Peterborough Public Health has been significantly impacted by this lab event,” said the health agency’s medical officer of health. “Our staff has worked swiftly to ensure those impacted are informed and retested as we want to resolve this as quickly as possible.”
Those who were tested in the area and received positive results are encouraged to continue self-isolating and practicing other efforts until they can be retested and receive those results.
The health unit told Global News reporters that there is no concern that there is a problem with the tests that came out as negative from Bio-Test. According to Global News, this was the first time the health units in the area used Bio-Test for coronavirus testing services.
Have you been tested for the coronavirus? Are you concerned about false COVID-19 positive test results? Tell us your thoughts in the comment section below!
The lead plaintiff and proposed Class Members are represented by Murray Miskin of Miskin Law.
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6 thoughts onClass Action Lawsuit to Be Filed Over False COVID-19 Positive Test Results
I would like to question the efficacy about this test. I have had two tests. One in April 2020, and one in late November 2020. Since then, I questioned if these tests that come from china have some type of chemical that is causing me to have nasal pain, headaches on the left side where the did the test, plus some throbbing in the cranial area, but always remains on the left. I am thinking of having this checked because I do not trust the test, nor the masks that come from China. Oddly enough, I used my nasal spray, and two red marks appeared on each side of my forehead, and one in the center. This is concerning and questionable as this whole virus and vaccines. I trust nothing and I didn’t take the vaccine, and NEVER WILL.
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My girlfriend that I live with and 3 of her coworkers tested positive at a longterm care home. The home was not listed as having an outbreak by public health. Five days after their results they were retested and all came back negative.