Representing victims of medical malpractice across Ontario

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Noel v. Hawrylyshyn – Birth Injury Informed Consent Case Dismissed

August 26, 2024

On August 15, 2024, a birth injury medical malpractice lawsuit was dismissed in the Ontario Superior Court of Justice.

The Plaintiffs alleged birth trauma resulting in neurodevelopmental limitations due to a lack of informed consent with respect to the use of forceps and vacuum to expedite the birth of the child. The Plaintiffs further alleged negligence with respect to the timeliness of a C-section while the fetus was in distress.

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Hemmings v. Peng – Trial Decision Upheld in $12m Malpractice Case

July 15, 2024

On April 20, 2009, Sophia Hemmings (“Ms. Hemmings”) suffered a cardiac arrest during a caesarean section (C-section) at Scarborough General Hospital, leading to severe brain injury. Ms. Hemmings, who was 29 years old, was represented in a lawsuit by her mother, sister, daughter, and son. They alleged negligence by several healthcare practitioners, resulting in a $12 million damages award.

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Denman v. Radovanovic – Informed Consent in Multi-Step Treatment

May 15, 2024

On April 16, 2024, the Ontario Court of Appeal dismissed the appeal of three physicians, Dr. Ivan Radovanovic (“Dr. Radovanovic”), Dr. Vitor Mendes Pereira (“Dr. Pereira”), and Dr. Karel ter Brugge (“Dr. ter Brugge”), challenging a trial judgment against them for failure to obtain informed consent from their patient, Michael Denman (“Mr. Denman”). Mr. Denman, 54, experienced a catastrophic brain injury during a third embolization procedure in June 2015, leaving him with left-sided paralysis. Damages were settled before trial at $8.5 million. The appellants were physicians at Toronto Western Hospital (TWH), who were involved in Mr. Denman’s treatment plan for an arteriovenous malformation (AVM).

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Papineau v. Romero-Sierra – Delayed Lyme Disease Case Dismissed

May 8, 2024

On April 8, 2024, the Ontario Superior Court of Justice dismissed the action against two eastern Ontario physicians, Dr. Johnny Brisebois (“Dr. Brisebois”) and Dr. Pablo Romero-Sierra (“Dr. Romero-Sierra”) for alleged medical negligence. The Plaintiff, Frank Papineau, alleged that the physicians negligently failed to diagnose him with Lyme disease and provide him with appropriate treatment.

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Henry v. Zaitlen – Appeal Upheld Delayed Diagnosis of SDAV Trial

April 22, 2024

On April 5, 2024, the Court of Appeal for Ontario dismissed the appeal of neurologist Dr. Marshall Zaitlen who had been found negligent at trial before a jury for failing to order further investigations in the face of a deteriorating condition that ultimately led to a delayed diagnosis of a thoracic spinal dural arteriovenous fistula. The patient, Mr. Henry, was left with significant disability as a result.

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Law books

Focken v Miller – Embolization Could Wait Until Morning

March 26, 2024

On March 1, 2024, the Court of Appeal for British Columbia dismissed an appeal from the trial judge’s order dismissing a medical negligence action against the respondents, Dr. Mark Miller (“Dr. Miller”) and Dr. Andrew Best (“Dr. Best”), which arose from the death of the appellant’s husband.

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