Opposition calls for judicial probe into breast cancer testing

Opposition parties have called for a judicial inquiry to uncover how inaccurate pathology tests affected hundreds of Newfoundland and Labrador breast cancer patients.

In an at times emotional debate, NDP Leader Lorraine Michael was visibly shaken as she spoke to revelations that faulty tests meant 317 women had been excluded from consideration for drug therapies like Tamoxifen.

"I just have to say that answer has given me a cold shiver," said Michael, responding to Health Minister Ross Wiseman's statement that of a group of 939 patients to be retested, 176 had died.

"I cannot tell you what is happening to me at this moment with that answer …It is shocking."

Michael and Liberal party critics questioned the government again Wednesday over the Eastern Health regional authority's handling of the pathology retesting, which is the subject of a pending class action lawsuit.

Opposition house leader Kelvin Parsons argued the government is "putting litigation costs and concerns ahead of the people again" by not probing further on the pathology issue.

Parsons said a judicial inquiry would "get to the bottom of this travesty and hold those persons responsible accountable."

"This government certainly does not put litigation or legal issues ahead of the health of individuals …We take this issue very, very seriously," Justice Minister Tom Osborne said.

Osborne told the legislature that a judicial inquiry is not necessary, and that "the courts will make a ruling based on the actions or the inactions of Eastern Health."

Eastern Health disclosed in 2005 that it had had erroneous results for hundreds of samples of breast cancer patients, dating back as far as 1997. The hormone receptor test indicates whether a patient is a candidate for a treatment like Tamoxifen.

An affidavit filed for Eastern Health, as reported by CBC News earlier this week, showed that the error rate for hormone tests was about 42 per cent, or significantly higher than reported earlier.

Of the 317 patients excluded through faulty hormone receptor tests, 104 patients required a change in treatment, with most being put on Tamoxifen.