Manitoba

Flesh-eating disease victim's family sues care home

The family of a 57-year-old Winnipeg woman who died of flesh-eating disease two years ago is suing a local care home for allegedly not taking her to hospital quickly enough.

Flesh-eating disease victim's family sues care home

13 years ago
Duration 2:34
Family of Kathryn Tummon, a Winnipeg woman who died of flesh-eating disease in 2010, is suing the personal care home where she lived.

The family of a 57-year-old Winnipeg woman who died of flesh-eating disease two years ago is suing a local care home for allegedly not taking her to hospital quickly enough.

Kathryn "Kitty" Tummon died in May 2010 of severe necrotizing fasciitis — a rare but severe bacterial infection that can destroy muscles, skin and tissue — in her pubic area, including her perineum and lower abdominal wall.

Tummon, a resident of the St. Norbert Personal Care Home, had complained of a painful rash, but staff did not take her to hospital until 65 hours later, according to a statement of claim filed by her daughter, Tanya Comeault.

When Tummon was finally taken to hospital, doctors said she had flesh-eating disease and associated septic shock, according to the claim.

Comeault told CBC News while it's painful for her to relive her mother's death, she hopes the lawsuit will bring real changes to the health-care system.

"Some may say, 'Why not just let it go?' It's easier to sweep it under the rug and get on with my life," she said in an interview.

"Yes, it's easier to just grieve her. But the fact of the matter remains that my mom mattered."

'Cruel and unusual treatment' alleged

Filed with the Court of Queen's Bench in May, the lawsuit names the St. Norbert facility and some of its medical and care staff, as well as the Winnipeg Regional Health Authority and the Manitoba government.

"The kind of treatment that Kathryn Tummon received at St. Norbert [Personal Care Home] was cruel and unusual treatment," the statement of claim reads in part.

"Kathryn Tummon's death was entirely preventable," it adds.

"Her immediate medical conditions were readily treatable, but the medical institution and professionals that Kathryn Tummon relied on for care failed in their duty to provide her with proper and timely care."

The lawsuit seeks $250,000 in damages plus legal costs and interest, as well as a declaration from the defendants that her mother's charter rights were violated.

Comeault filed her statement of claim after what family members described as an unsatisfactory meeting with the care home's managers and the Winnipeg Regional Health Authority.

The health authority confirmed it had met with the family and it is reviewing the complaint, but officials would not comment on the case because it's before the courts.

Started with mouth infection

Tummon was a "physically and cognitively disabled vulnerable" resident of the St. Norbert care home, according to the statement of claim.

The family alleges that staff were inconsistent in giving Tummon medication for a mouth infection she had contracted in April 2010, about a month before she died.

Then on May 7, 2010, Tummon complained to the home's medical staff about pain in her perineum, which made it difficult for her to sit in her wheelchair.

Tummon was treated with some creams, and a doctor prescribed some antibiotics without actually examining her, according to the statement of claim.

Her family said Tummon sometimes went hours in between examinations.

"Meanwhile, this infection was growing inside of her and basically eating her from the inside out," said Karen Williams, Tummon's sister.

In the afternoon of May 10, 2010, Tummon was taken to Victoria General Hospital, then transferred to St. Boniface General Hospital, where she died, according to her family.