Family of man who died waiting for care at Fredericton ER sues Horizon, 2 nurses

The family of a man who died waiting for care at the Fredericton hospital's emergency department two years ago is suing health-care providers for negligence over his death, alleging "reckless and outrageous acts and omissions" in his care and treatment.

Susan Mesheau of Fredericton, executor of the estate of her brother Darrell Mesheau, has filed a notice of action against Horizon Health Network and two nurses.

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 by a licensed practical nurse around 4:30 a.m. on July 12, 2022.

His death 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.

It also led to a coroner's inquest earlier this year, which ended with three jury recommendations aimed at improving ER services and preventing deaths under similar circumstances.

The family's lawsuit names as defendants Regional Health Authority B, doing business under the name of Horizon, which is "legally responsible for the acts and omissions of its nursing staff," as well as Danielle Othen and April Knowles.

Othen, a registered nurse, "was responsible for triaging patients" in the Chalmers ER waiting room July 11-12, 2022, based on the Canadian Emergency Department Triage and Acuity Scale, according to the statement of claim, filed with the Court of King's Bench in Fredericton.

Knowles, a licensed practical nurse "had a duty of care to monitor and care for patients in accordance with their triage level" July 11-12, the court documents state. "As part of her duties, [she] had to check and monitor patient vitals," such as heartbeat, breathing rate, temperature and blood pressure.

The Mesheau family, including his four siblings, two children, and granddaughter, contends the defendants failed to provide him with "proper medical care and attention.

"This included, but was not limited to, the defendants not providing [Canadian Emergency Department Triage and Acuity Scale] Level 3 medical care, which prescribes a patient vitals check and reassessment every 30 minutes."

They further allege the defendants' "acts and omissions caused or contributed to" Mesheau's death, and that their actions "fell well below the standard of care."

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.

Susan Mesheau could not immediately be reached for comment, nor could lawyer Weston McArthur, who is representing the family.

No statements of defence have been filed yet, according to court staff.