Horizon, 2 nurses deny negligence in death of Fredericton ER waiting room patient
Lawyer seeks to have lawsuit filed by family of Darrell Mesheau dismissed with costs
A lawyer representing Horizon Health Network and two of its nurses says a lawsuit filed against them by the family of a man who died waiting for care at the Fredericton hospital's emergency department in 2022 should be dismissed with costs.
Susan Mesheau of Fredericton, executor of the estate of her brother Darrell Mesheau, is suing Horizon, registered nurse Danielle Othen and licensed practical nurse April Knowles for negligence over his death, alleging "reckless and outrageous acts and omissions" in his care and treatment.
Darrell Mesheau, 78, spent about seven hours in the waiting room of the Dr. Everett Chalmers Regional Hospital ER before he was discovered slumped and motionless in a wheelchair around 4:30 a.m. on July 12, 2022.
The death of the former diplomat sparked outrage across the province and prompted a major shakeup of New Brunswick's health-care leadership, including the firing of Horizon's president and CEO, replacement of the health minister and removal of the Horizon and Vitalité boards.
In a statement of defence, filed with the Court of King's Bench in Fredericton on Feb. 3, the defendants admit Mesheau arrived by ambulance at around 9:33 p.m. on July 11 and was placed in a wheelchair in the waiting room of the emergency department.
He was triaged by Othen around 10:44 p.m. as being a Level 3, which is considered urgent, according to the Canadian Emergency Department Triage and Acuity Scale, which ranges from Level 1, the most serious, to Level 5.
They also admit that Knowles was assigned to the "psychiatric pod" on July 11-12 but also assisted with monitoring patients in the ER waiting room "at times."
A "code blue" was called around 4:34 a.m. the next morning, after Mesheau was found unresponsive and cool to touch, and he was pronounced dead about a minute later. A pathologist later determined he died from heart failure.
'Used reasonable skills and due care'
Horizon admits it's "vicariously liable for any negligence of an employee," including Othen and Knowles, but contends "there was no negligence committed," lawyer Ryan Burgoyne argues in the statement of defence.
"At all material times the defendants used reasonable skills and due care in treating and caring for Darrell Mesheau and showed diligence commensurate with the standard of care expected of them."
The Mesheau family, including his four siblings, two children, and granddaughter, contends the defendants failed to provide Mesheau with "proper medical care and attention," including vital checks and reassessment every 30 minutes, based on his Level 3 triage.
According to their statement of claim filed in July, he was "only examined and/or assessed twice by nursing staff with his vitals being taken the same number of times" during the roughly seven hours he waited — at 10:44 p.m. by Othen and around 2:03 a.m. the next day by Knowles, although Knowles told a coroner's inquest last April she also took his vitals around 11:15 p.m. and they were within normal limits.
The family alleges no medical or nursing staff interacted with Mesheau "from the time his vitals were last taken at or around 2:03 a.m. and the time that he was found unresponsive, cool to touch, and/or deceased by nursing staff in the waiting room at or around 4:28 a.m."
The Mesheau family has declined to comment to CBC at this time.
None of the allegations have been proven in court.
The defendants deny these claims They also deny that Othen failed to ask Mesheau about his medical history, which included a quadruple bypass and high blood pressure, and that she failed to document it.
Mesheau died of heart failure and "no other actions or inactions of the defendants caused or contributed to his death," the court document states.
"The defendants deny all allegations of negligence against them."
Demand 'strict proof' of damages sought
They also deny the family is entitled to the relief claimed and demand "strict proof thereof."
The family is seeking unspecified punitive and/or exemplary damages, special damages for financial losses, and damages for "loss of guidance, companionship, and/or support."
In addition, they are seeking costs, interest and any other relief the court deems just.