Peterborough law firm drops Spartan Bioscience from lawsuit over false positive coronavirus tests

Peterborough-based law firm Miskin Law says it has reframed its class-action lawsuit by dropping all references to Ottawa coronavirus test kit producer Spartan BioScience Inc.

On Tuesday, Miskin Law announced it was planning to file a lawsuit over false positive test results from Case Manor Care Community long-term in Bobcaygeon.

In late April, the Haliburton, Kawartha, Pine Ridge District Health Unit said a dozen results (six residents and six staff) were initially positive, prompting an outbreak to be declared in late April.

However, last Friday the health unit said Ottawa-based Bio-Test Laboratories which reviewed test samples from April 25-26 had a technical error which produced false positive results.

Miskin Law named Bio-Test and a test manufacturer Spartan BioScience Inc. in its lawsuit. However, Spartan denied their tests were involved and refuted the claim which has yet to be filed in Superior Court. Spartan noted its test kits were not shared with Bio-Test since its not a Spartan customer.

On Thursday, Murray Miskin,  the law firm’s senior lawyer and managing director, apologized to Spartan, stating the company was initially included in the lawsuit based on “incorrect” information provided to the law firm. Miskin confirmed the defective tests did not use use the test kits produced by Spartan Bioscience.


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