(Hai Fe) - Yesterday (Wednesday 4/12/24) a settlement was submitted to the District Court in Haifa in class action lawsuits filed against the Rambam Medical Center and the Ministry of Health, following claims that in 2017-2016 cancer patients were given expired oncology drugs. The settlement, which includes compensation in the total amount of approximately NIS 16.2 million, is intended to end the long legal process and provide a solution for affected patients.
Patients were denied the opportunity to make informed decisions about their bodies
The lawsuit focused on the violation of the patients' right to autonomy. It is claimed that the Rambam Medical Center did not provide the patients with accurate and complete information about the medications they received, thus preventing them from making informed decisions about their bodies. The lawsuit was filed by 13 representative plaintiffs, alleging improper conduct regarding the administration of expired oncology medications, which led to serious injury in patients' rights.
After the state responded to the lawsuit through the Haifa - Civil District Attorney's Office, led by lawyers Einat Shterman, Eitan Zur and Eran Raznik, the parties were referred to a mediation process before retired judge Benjamin Arnon. This procedure, which lasted a long time, ended with the drafting of a compromise settlement that was approved for submission to the court.
According to the arrangement, a compensation of NIS 4,000 will be given to each patient who was alive at the time the case was published (February 5, 2020) and was treated with the oncology drugs during the period in question. The rest of the amount will be transferred to a dedicated fund to finance oncology treatments that are not included in the health basket, with the aim of ensuring additional support for patients.
In addition, the 13 representative plaintiffs will receive a special reward of NIS 10,000 each, and in the absence of legal power they will receive a fee for their work. Patients will be able to choose to withdraw from the arrangement within 45 days from the date of publication of the official notice. The settlement ends any future claim regarding the violation of the right to autonomy in relation to the administration of the aforementioned drugs.
A closed criminal investigation
At the same time as the civil lawsuits, a criminal investigation was opened in the case, which was closed in August 2023 by the Haifa district attorney's office - criminal. However, an appeal was filed with the State Attorney's Office on the closing of the case, and the decision on the matter has not yet been made.
The settlement marks the end of a painful episode for the affected patients. The recognition of the right to autonomy, alongside the financial compensation, reflects the responsibility that applies to medical institutions to provide quality medical care while being fully transparent with the patients. The dedicated fund for oncology treatments is another step that expresses the desire to repair the damage and guarantee assistance to patients in the future.
The arrangement emphasizes the importance of transparency in the healthcare system and the need to maintain the trust of patients, who are the beating heart of the medical system.
Attorney Hani Tanos, from the office of Attorney Hani Vanizar Tanos, who represented some of the applicants, said: "In principle, this is an achievement that is not at the top level, but it was the achievement that could be achieved in light of the fact that the police chose to close the complaint, and in light of various legal limitations, but still the settlement only refers to the cause of harming the patient's autonomy To receive all the required information before receiving the medicine."
Only those who were alive at the time of publication will receive a shameful compensation of NIS 4000.
A real shame.
Those who are no longer alive = did not survive the drugs...
The money was donated to children with oncology who will be healthy
All the best to the court.
Hi, my name is Hani Zard from Carmel, in those years my husband fell ill and was treated at Rambam, the oncologist and Professor Bar Sela were very optimistic about the treatment and when it did not produce results they were completely amazed and did not understand how there was no benefit after treatment, a year and a half of blackouts that did not produce any results the cape and my husband passed away in 2018, then the affair broke out that all the patients there in 2016 to 2018 They were treated with drugs that had expired, so the patients were actually not treated and they all died, I call it "genocide", because maybe all or most of the patients could have been saved, the hospital must really compensate all the patients who were injured as a result of this affair, it will not bring the patients back to life, but At least the guilty will show a willingness to admit guilt