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Eastern Health to Divide and Conquer?
Several clients have e-mailed wondering if HIROC, the Eastern Health insurer, plans to exclude certain types of claims or class members from compensation. One class member was quoted in the news over the weekend as describing this strategy as “pitting sick people against sick people”.
An e-mail from a class member today stated that although she did not have a change of test result, she has had to work hard to not “give up and let this eat me alive”. She asks “do persons like me have a case too?”
In our opinion, persons who did not have a change in test results do have a good claim for mental and psychological distress and anguish. I will explain this a bit more tomorrow, and I intend to send out an e-mail to see what class members generally, think of the validity of the mental distress claims. A good way to canvas opinion in the group is by blog comments on the questions which I will raise in my blog tomorrow. If you have a comment you would like to post on today’s blog, please do—it helps me and it can be persuasive to the other side too.
And as an added bonus, I will Donate $10.00 to Daffodil Place for EACH blog comment posted! (Remember these are public comments. If you wish to preserve your privacy, you don’t have to use your real name.)
More on the subject of damages for mental distress tomorrow.
39 Comments to "Eastern Health to Divide and Conquer?"
I'm sure every other person involved with this blunder is in the same boat. Our lives and confidence with our testing will never be the same. Mary Chaffey
Tanya Finlayson
(daughter)
Shocked once again because of my wrong or flawed ER/PR retesting results and because I was not told earlier that I was going to be retested left reliving the pain and uncertainty that I thought I had put somehat behind me. The questions that were now left were overwhelming and frightening etc; I wondered if the treatment I received was the right chemo treatment, did I actually need the chemo treatment at all, could my life be cut short and could my cancer come back?? because of my missed vital possible life saving hormone therapy (tamoxifin).
As of this very day, after questioning my ongologist several times by phone to get some answers, I still remain somewhat in the dark regarding this matter. How could this have happened? not just to me but hundreds of breast cancer patients by a Health Care system that we know now for sure from the results of the Cameron Inguiry was in a terrible state of affairs, to say the least. Us breast cancer patients have all suffered on some LEVEL from these ER/PR retestings and botched results and in my opinion we all should be compensated to some DEGREE.
When I found the lump back in August 2002, I was attending Memorial University and half way through obtaining a Social Work Degree. I had an ultrasound, mammogram, and biopsy done and the results all came back as negative (no cancer) and it was up to me if I wanted the lump removed, but it was not necessary. I decided to have the lump removed because it should not have been there in the first place. I had a lumpectomy and when the results came back in December, 2002, it was breast cancer. I was never so devastated in all my life. I was ordered by my doctor to withdraw from University immediately. After surgeries, aggressive, grueling chemotherapy and 25 days of radiation, I was told that because my receptors were negative that I did not have to take any other medication such as Tomoxifen.
When the botched breast cancer testing broke in the media in October, 2005, I started calling and calling the cancer clinic to find out about my results, but to no avail. I finally got a call from my doctor in January 2006 and he wanted to see me. When I did meet with my doctor , he told me that my results were sent to Mt. Sinai and came back as receptor positive and I was now placed on the drug, Tomoxifen. This was 3 years after my official results of negative, so I missed three whole years of taking Tomoxifen, a drug that would benefit me for the cancer not to return.
Back in 2005, my results were sent to Mt. Sinai (twice), one retesting was sent away and a couple of weeks after that another retesting was sent away. When both results came back to the Cancer Clinic only one retesting result was entered into the computer and that retesting result was receptor POSITIVE. The other retesting result of 2005 was over looked and was not entered into the computer at the Health Science Centre, until February 2008, with result as receptor NEGATIVE. Again, this was three whole years. Along with the fiasco of the botched breast cancer results never leaving my mind. Now this, what if my other retesting result had to be entered into the computer with receptor negative results, then I would never, never have been put on Tomoxifen and probably would not be here today. This has taken a massive toll on me and my family, with sleepless nights and with every ache or pain that I feel I am wondering if the cancer has returned. It’s on our minds 24/7, but you have to continue and try to live a normal life. We need this horrendous nightmare to stop so we can all get on with our lives. I know this much, I don’t know if I will ever trust any system again. Now, when doctors tell me that my results are fine, I never feel confident in hearing that anymore.
In 2008, I attempted to complete my Social Work Program again , but with the information being released with the Cameron Inquiry , I was totally stressed and could not continue with my studies. I am now left with paying back a student loan of $21,000.00 for a program that I could not finish. Mr. Crosbie, please get this nightmare settled as soon as you can so we can ALL get on with our lives.
Thank you.
Louise M. Sellars
As a follow-up to my previous comments, I would like to add that the route I took on my cancer journey was very much influenced by the confusion, hesitancy and indecisiveness surrounding the discovery of errors in the lab at the time of my diagnosis. I was unaware of these errors at the time, but I felt that something was not right with the approach that was being taken with my treatment plan. Upon being diagnosed I went through the usual stages of fear, anger, etc, and soon arrived at the stage where I decided that I was not going to die, and that I would do everything in my power to live. I wanted to see my grandchildren grow up. So I resolved to do so. I researched my type of cancer in depth; demanded to see my x-rays ( the location had been mistakenly identified as being on the left side, when indeed it was on the right side); I identified the type of cell that I had (comedo with necrosis): and I requested hormone-receptor testing that was denied. I was told that it was unnecessary. Yet I had a very aggressive cancer cell. It did not add up. So I decided to follow a very aggressive treatment plan so that I could live. I had a double masectomy with reconstruction, and so far I have lived. Had there not been as much confusion and indecisiveness surrounding the lab issue at the time I would probably have taken a more conservative approach to my treatment plan. There were many mistakes along the way, including inconclusive test results that had to be sent to the US for a decisive conclusion, so I decided to become my own advocate. My physicians were the best, but those working in the labs and in the cancer clinic at the time were undoubtedly under such stress throughout the investigation of the lab errors that confusion reigned supreme. They appeared to be afraid to make a decision. Must I now pay for this situation by being denied compensation by the insurer? The cancer clinic did not appear to want to do hormone-receptor testing during the period of my diagnosis. Yet they offered me tamoxifen, and one does not take tamoxifen unless one is estrogen positive. When I questioned this, it was written into my report that I had denied Tamoxifen. However, when I realized that I would not be hormone tested, I phoned and specifically requested tamoxifen, but was told that I was outside the safety zone for its being effective. I was told that it must be started within 3 months of surgery to be effective. Yet I could not get an oncology appointment for 3 months from my surgery. Is it any wonder that I decided on an aggressive treatment plan involving a double masectomy?
Because none of the breast cancer patients within the timeframe set out by the Commission of Inquiry could escape this type of hesitancy, indeciseness and confusion, it is imperative that they all be included in the compensation package. Only than will a genuine effort be made to prevent future mistakes.
HER LOVING SISTER AND BEST FRIEND
CHRISTINA REID
Loving daughter of Carol-Ann Mulrooney
Cynthia Gorman
After a period of recovery I was sent to St. Johns to see a specialist. On consulting with him he advised that I do kemo and some months later he prescribed tomoxafin.
As i read in many of the comments the kemo and all the blood testing was pure hell and really took its tole on me.
I received a call from my Dr's office after he received a letter from Easteen Health in March of 2006 (5 years later)
and on talking to him and seeing the letter I learned that a major mistake had been made in my testing.
Since that day there are not many days that go by that the what if's are not on my mind. Had it not been for the good sense or the insight of that man, who knows, i might not be here now.
Last summer my Dr. found aa large mass in my pelvic area during a routine pap test. my first question was, where will this be tested? He said St. john's and my stomach knotted up. I told him I was not comfortable with this and he assured me that after all the trouble there was probably no better place to have it done.
Bottom line// I had the mass removed and was told that the results were negative. I still worry every day. What if they were wrong again.
The comments from patients provide eloquent testimony to the emotional trauma endured even by those patients who did not have a change in test results, and anyone who doubts this has not read the comments. These comments have been very useful to me in planning settlement strategy and the Eastern Health insurer will have to pay attention to them as well.
Ms. McGaugh, I agree that this research may not be “scientific”, but nobody could fabricate the testimony you read here, and I will verify with each class member in any event.
Only last month a class action settlement which provided $500 to each mental distress class member, was rejected by a British Columbia court. The court found that the plaintiff lawyers had not adequately researched these claims. The invitation to comment is part of my research, and part of the due diligence which will be expected by any court asked to approve a settlement.
Better to know now what people think than to find out later at a settlement approval hearing when people are objecting.
Mr. Crosbie, how are you going to show that these comments are accurate, that someone is not making several comments under different accounts, and that they are not fabricated or made spuriously?
Whether you like the sounds of that or not, the way you have set this up is open to those accusations, so I'm not sure how you're going to deal with that criticism.
People with legitimate grievances need a forum that reflects the seriousness of their grievances; blog comments are so unreliable in attribution and verifiability that it does a disservice to the actual legitimate cases.
Is it by pain and suffering? Is it by the physical scars that you see in a mirror? Is it defined by how many trips you have to make to the doctor?
All of these women have their scars. In my case, I was advised by family doctor to have a mamogram, it came back clear, but.... They wanted to do another, it came back clear, but...... they wanted to do another, It came back clear, but. (see a pattern). I was then sent to a needle biopsy, it came back clear, but something wasn't right........
Then I was sent for a lumpectomy. It came back clear and I was told by the surgen to forget this ever happened and to go live my life. The pathologist is 99.999% positive but that he (the surgen) was going to send it to the mainland just to be sure.
A short time later I was called and told that the surgen wanted to see me. He then told me that I had cancer. 4-5 months had past by this time. If it were left to the pathologist, it (the sample) would never had made it to the mainland clinic. Thats the quick and easy version.
Yes, I have scars........ I see then in the mirror every day. I see them when I take medication for anxiety and depression. I see them everytime I look at my son and think that I could have been one of those women that won't get to see their children grow up........ I HAVE SCARS......... divide us, I think not
July 2004, date of cancer dx, forever in my memory.
All breast cancers patients have suffered, as well as, their families, some unfortunately have greater challenges to face than others. The saddest part of this whole MESS is that some women did not survive to see the final report and hopefully changes that prevent this from happening to our children.
I am horrified that the Insurance company is trying to pit us one against the other. As a woman whose results did not change, I still have to worry if I can trust the path. reports I get each time a new lump/cyst is removed. I still was not contacted about the retesting until I persisted and called numerous times , and questioned them. Only then did they get back to me. If I left it alone and wondered/worried in silience, would they have ever contacted me ?
It has never been about money to me but to get the system safe for us all. The thing the money will do is to help patients get the best most up-to-date treatments. Also if the insurance company has to admit their fault, pay up to all involved who have suffered many sleepless nights(that they cannot begin to imagine the strain these have caused), only then will they insure that it does not happen again.
None of us can survive another crisis in the Health Care System.
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Based on our recent communication from Mr. Crosbie regarding the upcoming mediation talks, it's time to let your voice be heard! Don't let all these months and years of worry go for nothing. Don't let Premier Williams back down on his word! Contact him and contact the media to make sure they keep on top of this story. Don't be swept under the rug - make a noise!