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$9 Million Settlement

$9 million settlement achieved as lead co-counsel in a medical malpractice case in Atlantic Canada involving a child injured at birth. The child’s delivery was delayed despite indications of fetal distress. As a result of the delay the child suffered permanent neurological injury. The case was noteworthy in that in the course of an out of court cross-examinations of the defendant’s expert witnesses both experts acknowledged that the defendant physician failed to meet the appropriate standard of care.  

$8.5 Million Settlement

$8.5 million settlement achieved in a medical malpractice case involving a child injured shortly after birth as the result of nurses failing to adequately monitor the child for hypoglycemia (low blood sugar). As a result of the failure the child suffered seizures and a permanent brain injury requiring ongoing assistance to carry on his activities of daily living. 

$8.35 Million Settlement

$8.35 million settlement achieved in a medical malpractice case involving a child injured at birth in Eastern Ontario. The labour and delivery was proceeding normally in the early morning hours when the family physician chose to have the on call obstetrician attend the hospital. On arrival the obstetrician immediately embarked on an unnecessary operative delivery which resulted in complications and the child suffering a permanent brain injury.

$6.825 Million Settlement

$6.825 million settlement achieved in a medical malpractice case involving a young child who was admitted to hospital with lethargy and bloody diarrhea. Diagnostic tests shortly after admission to hospital revealed the presence of E-coli:0157 (a cause of hemolytic uremic syndrome) but inadequate steps were taken to monitor the child. As a result the child developed hyperkalemia (elevated potassium) which resulted in severe heart arrhythmias and the child suffering a permanent brain injury. 

$4.5 Million Settlement

$4.5 million settlement achieved in a medical malpractice case involving a municipality where the adult plaintiff experienced a delay in the treatment of her necrotizing fasciitis (flesh eating disease). As a result the plaintiff suffered limb amputations and requires extensive attendant care.

$1.178 Million Settlement

$1.178 million settlement achieved in a medical malpractice case involving an infant where the paediatrician, although aware that the baby suffered from posterior urethral valves, took no steps to arrange appropriate treatment. In the days following his delivery the infant developed sepsis (infection of the blood) and kidney failure resulting in a lengthy hospitalization.

$700,000.00 Settlement

$700,000.00 settlement achieved in a medical malpractice case involving twins where, in the course of the labour, the heart rate of one twin was being appropriately monitored while the heart rate of the second twin was not. As a result the second child suffered a permanent brain injury which led to her death several years after her birth.

Noteworthy Proceedings

In 1994 Kevin was retained by Randy Bachman (The Guess Who, Bachman-Turner Overdrive, BTO) to commence legal action against the members of BTO for passing off and appropriation of personality.  The Statement of Claim alleged that the members of BTO were passing off an individual named "Randy Bauchman" (who was remarkably similar in appearance to Randy Bachman. The Claim also alleged that the replacement "Randy" was introduced in such a manner that the audience was led to believe that he was Randy Bachman.  Kevin obtained an interlocutory injunction restraining this activity. An out of court settlement was eventually achieved.

On August 11, 1995 two trains collided in the underground subway system of the Toronto Transit Commission ("TTC").  Three people, including Xian Hui Lin, lost their lives and countless others were injured.  Kevin was retained by the spouse of Ms Lin to commence legal action against the TTC related to the death of Ms Lin as well as injuries that he sustained in the accident.  The TTC admitted liability for the accident and the action was settled before trial. Kevin also had standing and acted as counsel throughout the Coroner's Inquest that was held in relation to the accident.

On December 23, 1998 the National Post published an article entitled "The Best and Worst of Alannah Myles".  Kevin was retained shortly thereafter to serve a notice of libel on the National Post as well as the reporter who wrote the article.  Unfortunately, the subsequent "Clarification" published by the National Post only served to aggravate matters and Kevin was retained to pursue a libel action on behalf of Ms Myles.  The action proceeded to trial on January 9, 2001.  However, shortly before jury selection began the solicitors for the defendants made settlement overtures that ultimately resulted in the successful resolution of the action.  Although the terms of the settlement are confidential, the satirical magazine Frank subsequently published an article about Finbarr O'Reilly - the reporter who wrote the original story - in which Frank claimed the newspaper had to pay $400,000.00.

In 1998 Kevin was retained by members of the Canadian music group Parachute Club to commence legal action against McCain Foods and EMI Music Publishing related to McCain's improper use of the song "Rise Up" in a television advertisement for Rising Crust Pizza.  The action was successfully resolved in advance of trial and the members of the band were able to recover all rights in their music publishing.

In June 2004 Kevin Kemp was retained by Dolores Claman -  the composer of the Hockey Night in Canada Theme - to pursue legal action against the Canadian Broadcasting Corporation (CBC) for copyright infringement.  A Statement of Claim was issued against CBC in November, 2004 and, over the next several years the litigation proceeded through various examinations and interlocutory motions. On May 29, 2008 a mediation was conducted before former Ontario Superior Court Justice George Adams. The mediation did not result in a resolution. On June 4, 2008 Kevin announced that the CBC intended to drop the Hockey Night in Canada Theme at the conclusion of the 2008 Stanley Cup Playoffs.  The extensive media coverage that followed included denials by CBC that it intended to drop the theme. On Monday June 9, 2008 CTV announced that it had acquired the exclusive rights to the Hockey Theme in perpetuity.