Had to take direction from lawyers, Eastern Health manager says

A manager at Eastern Health, the Newfoundland health authority at the centre of a public inquiry about how hundreds of breast cancer patients received incorrect test results, said Thursday she had contacted lawyers regarding how much to say about testing inaccuracies.

Heather Predham, the assistant director of quality and risk management, took the stand at the inquiry, headed by Justice Margaret Cameron, for the first full day Thursday. Eastern Health has been heavily criticized for holding back information from the public about mistakes in hormone receptor tests, because managers and lawyers were worried about lawsuits.

Predham, whose responsibilities included informing Eastern Health's insurance company whenever there was a quality control issue at one of its hospitals, said she first heard about mistakes in the tests in June 2005.

Predham testified that Bob Williams, vice-president of the health authority, told her there could be a big problem in the lab.

"[He] said this could be nothing or this could be something big," Predham said. "And I asked him what he wanted me to do at this time. And he said 'Nothing right now. I'll let you know what comes out — there's further investigation and I'll let you know.'"

Predham said that one month later, the severity of the problem was confirmed.

Hundreds of breast cancer patients received inaccurate hormone receptor test results, which help determine which type of treatment a patient will receive, from the health authority, between the years 1997 and 2005.

Lawyers get involved

Predham said the same day she found out more details about the faulty results, she called Eastern Health's insurance company. 

Predham said Eastern Health has an agreement with the company that it must be kept aware of all claims against Eastern Health.

"You have to be aware that, you know, there is lawyers involved," Predham said. "And you have take direction, I guess, anything that is going to influence or impact on their case, they have to be aware of."

Predham explained senior managers were trying to be guarded when telling patients about the testing mistakes. She said the Evidence Act forbids the authority from sharing many details with patients.

The Evidence Act is designed to protect hospitals from having to release peer reviews and quality assurance reports for legal proceedings, so that medical personnel can speak freely, in the interest of continually improving the health-care system.

Justice Margaret Cameron responded that omitting information might mislead people.

When Predham tried to respond, she lost her composure, as have many other witnesses at the emotionally charged Inquiry.

She is expected to remain on the stand for about a week.