Class Action Certified Against Toronto Plastic Surgeon “Dr. 6ix”
TORONTO, July 09, 2021 (GLOBE NEWSWIRE) — Between January 1, 2017 and December 13, 2018, Dr. Martin Jugenburg (the self-styled “Dr. 6ix”) operated surveillance video cameras throughout his clinic, the Toronto Cosmetic Surgery Institute, located in the toney Fairmont Royal York Hotel. The cameras were placed not only in public areas, but within consultation and examination rooms, and in the operating room. The Information and Privacy Commissioner found in a September 2019 report that the clinic’s operation of the video surveillance system breached the Personal Health Information Protection Act, 2004.
On November 28, 2019, the law firms of Howie, Sacks & Henry, Waddell Phillips and Beyond Law launched a proposed class action against Dr. Jugenburg and his professional corporation, alleging that patient privacy had been breached. The privacy breach is alleged to have occurred by Dr. Jugenburg surreptitiously taking video of his patients without their consent through the network of surveillance cameras, including during their private doctor-patient consultations while patients were nude or semi-nude, and during surgeries. The action claims compensation for Dr. Jugenburg’s patients for alleged breach of fiduciary duty, breach of confidence, breach of trust, intrusion upon seclusion and invasion of privacy, among other liabilities. None of these allegations have yet been proven in court.
The action has now been certified to proceed as a class action in respect of the claims arising from the non-consensual use of surveillance cameras. A court-approved notice of the class action will delivered to all patients who attended Dr. Jugenburg’s clinic for any surgical or non-surgical consultations, treatments, procedures, or follow-up appointments between January 1, 2017 and December 13, 2018.
More information about the class action and how it may affect you if you were a patient at the Toronto Cosmetic Surgery Institute between January 1, 2017 and December 13, 2018 is available on the law firms’ websites.
When originally filed, the lawsuit also included allegations that Dr. Jugenburg posted some individuals’ images without consent online, through his clinic’s website or social media platforms such as Snapchat and Instagram. The court did not permit these claims to proceed as part of the class action. Any such claims will have to be pursued through individual lawsuits. The legal team of Howie, Sacks & Henry, Waddell Phillips and Beyond Law are available to discuss whether any individual has a claim for such privacy breaches.
Contact Information for Patients
Patients who attended Dr. Jugenburg’s Toronto Cosmetic Surgery Clinic between January 1, 2017 and December 13, 2018 or patients who want to discuss individual claims arising from Dr. Jugenburg publishing their images on the internet can contact the legal team at 1-877-771-7006 or [email protected].
About Howie, Sacks & Henry LLP
Howie, Sacks & Henry advances mass tort claims and class actions on behalf of people injured by dangerous products, pharmaceuticals and medical devices.
For more information, call our firm at 1-877-771-7006, or email [email protected].
About Waddell Phillips PC
Waddell Phillips Professional Corporation is a boutique law firm, specializing in plaintiff-side class actions. The principals of the firm have helped victims in a wide range of cases, including product liability, consumer protection, residential schools, franchise disputes, and securities misrepresentations.
For more information, call our firm at 647-261-4486, or email [email protected].
About Beyond Law LLP
Beyond Law LLP is a Toronto-based litigation firm focusing on serious personal injury cases including medical malpractice, wrongful death and insurance disputes. The firm prides itself on its hands-on and personalized approach.
For more information, call our firm at 416-613-1225, or email [email protected].