Family of Brain Damaged Child Files Suit

Complications following a routine tonsillectomy that has allegedly put a now 12 year-old child into a vegetative state, is the subject of a medical malpractice suit against doctors, nurses and the Winnipeg Regional Health Authority, as reported by CTA News.  

It took the Campbell family four hours to drive their child, Dylan Campbell, to Winnipeg from their home in Swan River for surgery in December of 2009.  The boy, 11 at the time, was released 15 hours after his surgery.  CTV's Jill Macyshon said that the release time is standard for most hospitals.

But five days later Sandra Campbell, Dylan's mother, made the 4-hour trek again as he was coughing up blood and having difficulty breathing.  Once they arrived in the emergency room they told that they had to wait.  Dylan wasn't treated until he took a sudden turn - for the worse.

CTV's Jill Macyshon reported that, "They were told to wait, they were told to sit in the ER and wait their turn.  An hour-and-a-half later, Dylan collapsed to the floor in full cardiac arrest. He was then treated by doctors but at that point, the family says, it was too late, he suffered brain damage."

The damages have yet to be specified but the family states they only want enough to bring Dylan back to the family home in Winnipeg and out of his current care home. 

The lawsuit has named the overseer of the city's hospitals, Winnipeg Regional Health Authority, as well as doctors, surgeons and nurses.  The agency has refused further comment.

Dylan, at about 5'6" and 250 pounds, was allegedly a problematic patient because determining the absolute correct amount of anesthetic to be administered was complicated, and there was also a surgical complication.

Robert Tapper, attorney for the Campbell family, felt that the anesthesiologist should have adjusted the issue and that the WRHA shouldn't use the complications as a defense.  He said, "My task is to demonstrate what happened to this child shouldn't have happened to this child, that somebody out there is responsible for that.'

Tapper said it might take up to two years before the case is heard in court. 

Both parents visit, and talk, to Dylan everyday with no assurance that it helps.  Jerry Campbell, Dylan's father said that they have, "many things on our mind. Angry is just one of them. Disappointed. I can keep going on."

There is one other current case making headlines and raising concern for Winnipeg Regional Health Authority: Criminal charges are pending an investigation into the death of a homeless man that died after waiting 34 hours in a local hospital's waiting room 

The man was double amputee Brian Sinclair, and had sought emergency care at Health Sciences Centre in September 2008 for a bladder infection. Sinclair's family is suing the regional health authority, the Manitoba government and the medical staff.

If you believe that you or someone you care about has been a victim of medical malpractice, click here to contact a medical malpractice lawyer in our directory to assist you with your case.