CHARLOTTETOWN, P.E.I. — Justice for a “horribly harmed’’ girl is being sought both outside and inside the Supreme Court of P.E.I. today.
More than 50 people gathered this morning to show support for nine-year-old Emma Roche and her family as a lawsuit that claims Emma suffered brain damage as a result of negligent medical treatment at the Queen Elizabeth Hospital in Charlottetown moves along at a frustrating snail’s pace.
Ray Wagner, the lawyer representing the family of Emma, is in court to fight two motions by lawyers representing the province: one to strike a jury and the other to split the case into one trial dealing with the question of liability and a second trial dealing with damages.
Wagner opposes that the defendants’ motions fearing they will lead to further delay and cost.
“We’ve been trying to get to trial since 2016,’’ said Wagner. “It’s time for this matter to be heard and decided for the family.’’
The lawsuit is against Dr. Peter Noonan and the province. Dr. Kate Ellis-Ghiz, Dr. Pauline Champion and Dr. Mitchell Zelman were earlier dropped from the suit.
The statement of claim, filed in June 2012, claims Emma, who is now nine, was exposed to a sick child in January 2011. She was eight months old at the time.
What went wrong?
The statement of claim against the province and Dr. Peter Noonan, filed in June 2012, claims Emma Roche, who is now nine, was exposed to a sick child in January 2011. She was eight months old at the time.
According to the claim, after the child fell ill, Melissa Driscoll took her baby to the emergency room at the QEH. Emma was diagnosed with a fever and upper respiratory infection and the doctor on call told Driscoll to administer Advil and Tylenol and sent them home.
The next evening, Driscoll returned to the ER with Emma, as the baby's cough and coarse breathing persisted.
Driscoll alleges the doctor on call that night diagnosed Emma with influenza. The doctor requested a consult from the pediatrician on call, who later confirmed the influenza diagnosis. Emma was again discharged.
Less than two hours later, Driscoll returned to the hospital, claiming her daughter's condition had worsened. The statement of claim says 40 minutes after that, Emma became pale and her lips turned blue.
She was diagnosed by the doctor on call at this time with severe croup and was administered a mask.
Her respiratory distress continued, however, and a few hours later her heart stopped. It took about 18 minutes to revive her, court documents claim.
She was airlifted to the IWK in Halifax. She was later diagnosed with severe and irreversible brain damage.
In its statement of defence, the government said it provided a reasonable and appropriate level of care to Emma at all times. It also said any injuries Emma suffered were because of decisions, treatments and procedures explained to the plaintiffs, to which they consented.
“Emma is catastrophically injured,’’ said Wagner.
“She’s been horribly harmed. She requires 24-hour care, seven days a week, 365 days a year – and that’s provided by the family.’’
Kathy Bacon-Driscoll says her granddaughter Emma receives incredible love and care from her parents Melissa Driscoll and Danny Roche as well as by Kathy and her husband Joe.
However, the intense care – and Emma’s severe condition – takes its toll.
“It’s exhausting,’’ said Kathy.
“Emma’s worth every minute of it. This family treats this little girl with all the love and support that we can possibly supply but Emma still needs more.’’
For example, Emma needs a wheelchair accessible van and a host of equipment. The family also wants additional medical opinions. They could use, as well, professional care in the home that provides respite to the parents and the grandparents.
“We want to be able to give her any of the possibilities that are out there for this little girl,’’ she said. “What happened to her never should have happened.’’
Kathy said family want their day in court. They want compensation. They want justice for Emma.
“They (Emma’s parents) are trying to do the best they can do but there is so much more we could do for Emma if we had the resources to do it,’’ she said.
Emma’s father Danny Roche offered his gratitude to the large group of supporters Wednesday as he made his way into court with his wife and Emma’s mother Melissa Driscoll.
“I feel very comforted by it,’’ he said. “It’s great to have the support of the Islanders here and we appreciate them being here.’’
Melissa, who gave birth to a healthy baby boy 10 months ago, called the support unbelievable.
She added Wednesday is a really difficult day.
“It’s always tough reliving this – going through it again, but it needs to be done,’’ she said. “And we’ll just stay strong and get through it.’’
