Flaherty Dow Elliott & McCarthy

March 10, 2009 16:53 ET

Class Action Commenced Following Peel Region Tattoo Parlour Health Scare

TORONTO, ONTARIO--(Marketwire - March 10, 2009) - A $20 million class action lawsuit will be commenced in the Ontario Superior Court of Justice against Moonshin Tattoo, Charles A. Mason, Evelyne Smith, Peel Region Public Health Department (Peel Public Health) and The Regional Municipality of Peel. The lawsuit is commenced on behalf of all persons who received a tattoo or body piercing at the Moonshin Tattoo studio between March 2005 and February 2009.

Ruben and Ana Travassos of Mississauga, Ontario claim that Mr. Travassos received a tattoo at the Moonshin Tattoo on March 31, 2007.

Under provincial legislation, public health authorities must inspect "Personal Services Settings", such as tattoo and piercing studios where there is a risk of exposure to blood, at least once a year. The first inspection at Moonshin occurred in early 2005, shortly after the tattoo parlour opened at 95 Dundas Street West, in the City of Mississauga. The next inspection was not until February 11, 2009. During the February 11, 2009 inspection of Moonshin Tattoo, Peel Region Public Health Department and The Regional Municipality of Peel (Peel Public Health) discovered that as many as 3000 individuals who received tattoo or piercing services at this establishment between March 2005 and February 2009 may have been exposed to equipment that was not adequately sterilized. Health Inspectors also found Moonshin was not keeping adequate maintenance records for its sterilization equipment on a monthly basis, as required.

The use of non-sterile equipment could lead to the transmission of diseases like hepatitis B, hepatitis C and HIV. People who believe they may be affected are urged to take certain precautions, such as avoid sharing clippers, razors, toothbrushes and other personal items, and to use a condom during sexual activity, until evidence of transmission of infectious diseases can be ruled out.

This latest health scare comes on the heels of a $10 million class action lawsuit launched against Longhorn Custom Body Art and Hugh Francis Towie, a tattoo studio operating in the City of Oshawa. In August 2007, up to 2,000 customers of Longhorn Custom Bodyart Studio in Oshawa were urged by Durham Region health authorities to get tested for HIV, hepatitis B and hepatitis C, after launching an investigation into potential exposure to non-sterile equipment.

Ruben and Ana Travassos are represented by Todd J. McCarthy, Sean A. Brown and Madeline R. Ferreira of Flaherty Dow Elliott & McCarthy; a firm with offices in Toronto, Ottawa and Whitby, specializing in litigation. This same firm represents the Class Members in the action involving the Longhorn litigation.

Todd J. McCarthy is one of Ontario's most renowned trial lawyers. He is certified by the Law Society of Upper Canada as a Specialist in Civil Litigation, has been an instructor in the Bar Admission Course for ten years, and has delivered multiple papers and presentations during his distinguished career.

For further information please contact:

Todd J. McCarthy Sean A. Brown
Flaherty Dow Elliott & McCarthy Flaherty Dow Elliott & McCarthy
Barristers & Solicitors Barristers & Solicitors
The Carnegie Library Building 120 Adelaide Street West
132 Dundas Street West Suite 2501
Whitby, ON L1N 2L9 Toronto, ON M5H 1T1
Tel: (905) 686-6448 Tel: (416) 368-0231
Fax: (905) 686-6447 Fax: (416) 368-9229
Email: todd.mccarthy@fdemlaw.com Email: sean.brown@fdemlaw.com

Contact Information

  • Flaherty Dow Elliott & McCarthy
    Barristers & Solicitors
    Todd J. McCarthy
    (905) 686-6448
    (905) 686-6447 (FAX)
    Email: todd.mccarthy@fdemlaw.com
    Flaherty Dow Elliott & McCarthy
    Barristers & Solicitors
    Sean A. Brown
    (416) 368-0231
    (416) 368-9229 (FAX)
    Email: sean.brown@fdemlaw.com