Restigouche Hospital Centre abuse $17M class action settlement

A settlement has been reached in a class action lawsuit that claimed Restigouche Hospital Centre residents were mistreated and physically or sexually abused by staff and other residents.

The settlement class comprises anyone admitted to or who resided at the Restigouche Hospital Centre between May 24, 2004, and Oct. 1, 2021, and who were alive as of May 24, 2017.

Those who were admitted to or resided at Restigouche Hospital Centre between Jan. 1, 1954, and Oct. 1, 2021, and who were alive as of May 24, 2017, and claim they were sexually assaulted are also included. 

Plaintiffs Darrell Tidd and Reid Smith asserted that the defendants, the Province of New Brunswick and Regional Health Authority A C/O Vitalité Health Network, were negligent in allowing the physical and sexual harm of its residents, therefore breaching fiduciary duty and breaches of the Canadian Charter of Rights and Freedoms.

The 140-bed Restigouche Hospital Centre in Campbellton provides specialized mental health services, such as psychiatric rehabilitation services, forensic psychiatry and more, in both official languages to all residents of New Brunswick.

The company denies any accusations of wrongdoing but has agreed to the settlement to resolve the claims.

Eligible class members can receive a varying amount of financial compensation depending on the severity of each case. 

Claimants may choose to claim a “common experience payment” or a claim for compensation based on the level of harm they experienced.

Common experience payments will be based on the cumulative length of the claimant’s stay at the Restigouche Hospital Centre. Those who spent 30 days or less are expected to receive $1,000. Those who spent 31 to 100 days are expected to receive $3,000, and those who stayed 101 days or more are expected to receive $5,000.

Class members submitting claims for harm done must submit a paper claim detailing the description of the assault(s) to the extent of their recollection and ability. 

Sexual assault incidents can range from level 1 to level 4, depending on the severity, with increasing payments relative to the incident level. Payments are expected to range from $15,000 for approved level 1 claims to $60,000 for level 4 claims.

Physical harm incidents follow the same format, with a severity range of level 1 ($10,000) to level 2 ($25,000).

More information on the levels and payouts is available on the claim form. 

The deadline to opt out of the settlement was Aug. 25, 2023.

An approval hearing was held Sept. 24, 2023, and the court approved the settlement Oct. 26, 2023.

Claim forms must be submitted by Oct. 26, 2024.

Who’s Eligible

Anyone admitted to or who resided at the Restigouche Hospital Centre between May 24, 2004, and Oct. 1, 2021, and who were alive as of May 24, 2017, and anyone who was admitted to or resided at Restigouche Hospital Centre between Jan. 1, 1954, and Oct. 1, 2021, and who were alive as of May 24, 2017, and claim they were sexually assaulted. 

Potential Award

Varies

Proof of Purchase

For claims for level 4 sexual assault resulting in major psychological injury, the claimant must provide medical evidence in addition to their claim form indicating that a serious sexual assault resulted in that injury. Medical evidence will usually include a letter from a doctor. The class member may be reimbursed for any fee they have to pay for this evidence, up to a maximum of $1,000. 

For all other claims, the class member does not have to provide additional documents proving what happened to them at Restigouche Hospital Centre (with the exception of claims for major psychological injury).

More information on the types of injury at each level and the required documentation is available on the claim form.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/26/2024

Case Name

Tidd, et al. v. Province of New Brunswick, et al., Court File No. MC-76-21, in the Court of King’s Bench of New Brunswick Trial Division, Judicial District of Moncton

Final Hearing

09/24/2023

Settlement Website

RestigoucheHospitalCentreClassAction.com

Claims Administrator

NWQ Claims Administrator
PO Box 3355
London, ON N6A 4K3
info@RestigoucheHospitalCentreClassAction.ca
866-476-3107

Class Counsel

James Sayce
Adam Tanel
Sue Tan
KOSKIE MINSKY LLP

Defense Counsel

Talia C Profit KC
Veronique Guitard
COX & PALMER

Denis G Theriault
Karine Arseneaul
OFFICE OF THE ATTORNEY GENERAL