Ontario family sues hospital and staff over son’s death

In early February 2024, a migraine kept Finlay van der Werken home from school. His condition got worse, and his mother took him to Oakville Trafalgar Memorial Hospital.

Finlay van der Werken’s life is now a collection of memories closely guarded by his parents. The 16-year-old is remembered as a loving son, a devoted older brother and a loyal friend.

“I still hear his laughter,” his father, GJ van der Werken, said. “Finlay was a typical oldest son. (He was) very responsible, looking after his twin brothers, making friends wherever he went.

“He had the tendency to gravitate towards kids that didn’t seem to have any other friends or that seemed to be struggling with school or contact, so he would just embrace them and make them feel welcome.“

In early February of 2024, a migraine kept Finlay home from school. His mother, Hazel, said this would sometimes happen if Finlay was getting sick.  But his condition got worse, and Hazel decided to take him to Oakville Trafalgar Memorial Hospital.

“He was crying out in pain a lot, and just kind of looking at me, like get me there somewhere,” Hazel said. “You could tell he didn’t know what was going on, but he knew it was not normal, so I drove as fast as I could.

“When I got to the hospital. I just abandoned the car at the doors of ER and we ran in. There was just so many people. The corridors were lined with people. We sat down and Finlay just kept crying out. He never cries out in pain. He would never do that if it wasn’t really an emergency.“

Hazel says he would not see a doctor for hours, despite telling the nurses Finlay was not doing well.

“When I went up at three in the morning, they said, well, we only have one doctor, but there’s another one coming in at four. I don’t know where that one doctor was,” Hazel recalled.