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Man wearing a mask regarding the N95 mask lawsuit against Manitoba

A Minnesota company has launched a $6 million USD lawsuit against the Government of Manitoba reportedly claiming the province did not pay in full for a shipment of N95 masks.

Manitoba Purchases Millions of Unusable N95 Masks

According to the N95 masks lawsuit, Manitoba ordered five million masks for use in hospitals and realized afterward that the PPE masks were not qualified to meet requirements and could not be used during the COVID-19 pandemic.

Minnesota’s Private Trading Group, LLC (PTG) began a lawsuit against the government of Manitoba and Deputy Minister of Crown Services Scott Sinclair for claims that the company is owed $6 million USD for the May, 2020 shipment of N95 masks.

On April 7, Private Trading Group reportedly began a purchase agreement with Manitoba to deliver five million N95 masks. The N95 mask lawsuit claims the mask order totaled $19 million USD. $6 million of the total was withheld and was supposed to be given to Private Trading Group upon delivery, but it allegedly never was.

The N95 lawsuit reportedly states, “Thereafter, Manitoba advised PTG that the N95 masks delivered were allegedly not fit for the purpose intended … because the N95 masks did not pass Manitoba’s fit testing requirements.”

PTG claims it never had a discussion about mask fit testing and Manitoba did not ask for any N95 mask samples before the purchase order was confirmed.

Minnesota Company Claims $6 Million is Still Owed

The N95 mask lawsuit reportedly claims Scott Sinclair refused to pay the remaining $6 million because the masks were unusable in Manitoba hospitals because they were not authorized for use by the National Institute for Occupational Safety and Health.

However, in the N95 mask purchase contract, these requirements were never laid out, says the lawsuit. PTG still wants to be paid for the shipment of millions of N95 masks.

“Accordingly, the defendant Scott Sinclair is personally liable for misfeasance in public office,” the lawsuit argues. “The defendants have acted in bad faith and have deliberately engaged in unlawful acts and morally reprehensible conduct that have inflicted significant financial damages on PTG,” the lawsuit reportedly claims. 

Additionally, Manitoba Liberal Leader Dougald Lamont chimed in saying, “This is just pure sloppiness on the part of this government. It’s absolute incompetence.”Person carrying boxes regarding the n95 mask shipment

Private Trading Group is seeking $6 million the company believes its owed, plus 18%.

Manitoba Hospitals Allegedly Don’t Have Enough PPE

Meanwhile, as the coronavirus pandemic presses on, a union advocating for Winnipeg healthcare workers is bringing concerns about PPE availability to light, reports CBC News. Hospital workers treating and testing for COVID-19 are in need of N95 masks to keep them safe.

The lack of N95 masks in hospitals is being brought up as two area hospitals are fighting coronavirus outbreaks. The president of the Canadian Union of Public Employees Local 204, Debbie Boissonneault is pressing for more PPE consistency for healthcare workers, reports CBC News.

“I believe when they’re working with COVID-positive patients, they need to have an N95 mask,”  Boissonneault reportedly said. “You shouldn’t have to beg. You shouldn’t have to fill out an assessment form.”

Winnipeg nurse Eric Wheeler has reported he and other workers are lacking PPE and N95 masks while at work. Nurse Wheeler is now quarantined with COVID-19.

“I feel really disappointed that our so-called heroes aren’t being properly protected,” explained Wheeler, who works in Victoria General Hospital’s 5N unit, which is reportedly currently battling a COVID-19 outbreak.

A hospital update has been covered by CBC News saying the outbreak has caused 26 healthcare workers and 32 patients to contract the coronavirus. Wheeler believes that so many staff members are sick due to the lack of N95 masks.

Hospitals and healthcare facilities going without N95 masks have been a source of concern throughout the pandemic. Early in the coronavirus pandemic, Ontario nurses sought court orders to ensure healthcare workers had access to PPE.

Do you think Manitoba should pay the remaining $6 million to PTG? Do you think it was the government’s responsibility to order the correct masks? Share your thoughts in the comments section below!

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