On 5 June 2014, a $13.75 million settlement was approved by the Supreme Court of Victoria to resolve the claims of 60 women against the Croydon Day Surgery in relation to events between January 2008 and December 2009.
On 12 May 2014, the court made orders requiring group members to have registered their claims by 19 May 2014 in order to be eligible to participate in the proposed settlement. Claimants who did not register by this date may be prevented from making a claim as part of the settlement.
As part of the approval process, the Court approved a Settlement Distribution Scheme which provides for the settlement money to be distributed amongst the registered group members. Slater and Gordon was appointed as Administrator of the Scheme. Assessment of each claim and distribution is expected to be finalised shortly.
Class action proceedings
Slater and Gordon acted for 60 women, and in May 2012 issued a class action in the Supreme Court of Victoria on their behalf. The group of claimants sought damages for their losses, from Croydon Hospital Pty Ltd (the corporate entity of the Croydon Day Surgery), Dr Mark Schulberg, the proprietor of the clinic, and the Australian Health Practitioner Regulation Agency, the successor in law to the Medical Practitioners Board of Victoria. The trial of the case had been scheduled to begin on 28 April 2014.
The Plaintiff and all class members have been granted anonymity by the Supreme Court, which prevents the publication of any material that is likely to identify them.
In March 2013, Justice Beach of the Supreme Court of Victoria made orders requiring that any group member in the class action who wished to opt out of the case must do so by 30 May 2013. As this date has now passed, it is not be possible for any group members to now opt out of the class action without the Court’s permission.
The court set a deadline of 19 May 2014 for group members wishing to participate in the settlement to register their claims in order to be eligible to receive compensation.