Wrongful Death: What Breast Cancer, Swine Flu, and Cougar Helicopter Have In Common

The shocking truth that unifies these topics is the antiquated state of Newfoundland and Labrador law of wrongful death and the welcome decision of the Danny Williams government to change it.

 In the Breast Cancer Testing class action, we came up against the defense position that they should pay nothing for patients already dead. 

The families of the Cougar Helicopter crash victims come up against the same problem.  Newfoundland law says that the dead are worth nothing.  This is a major reason for the families of the victims to seek a venue in the courts of the United States, where substantial damages to compensate for this loss, insofar as money can do so, are available.

My firm is investigating cases of injury and death from H1N1 swine flu.  These cases meet our test where death or injury is due to negligent failure to diagnose and treat, and where the failure - medical malpractice - caused the injury or death.  All too often, a missed opportunity to treat has led to death.

What these high profile cases - Breast Cancer Testing, H1N1 Swine Flu, and Cougar Helicopters - have in common is the awful consequence of death and the failure of our civil justice system to recognize it in money damages.

What the families of wrongful death victims need is civil justice laws with real teeth, teeth that make wrongdoers pay.  The Danny Williams government seems to be moving on wrongful death law reform - based on my prompting and the experience of the Breast Cancer Testing class action.  Godspeed the legislators on this needed law reform.