Man with cancer died due to negligence at Winnipeg hospitals, lawsuit alleges

A woman is suing two health agencies and three Winnipeg hospitals, claiming their failure to properly treat her husband for an infection while he was suffering from lung cancer ultimately resulted in his death.

The lawsuit filed by Darlene Demski says her husband, Darrell, experienced cardiogenic shock and sepsis that would not have arisen if not for the defendants' negligence.

Health Sciences Centre, Concordia Hospital and St. Boniface Hospital are all named defendants, along with the Winnipeg Regional Health Authority and the provincial organization Shared Health.

The statement of claim says Darrell was 69 when he was first admitted to the St. Boniface Hospital on May 8, 2022, due to significant pain in his left collarbone. 

Imaging tests revealed lesions on Darrell's lung and left clavicle, which resulted in a presumptive diagnosis of lung cancer. He was scheduled to have more tests on June 6 at HSC to confirm this diagnosis. 

Darrell remained in hospital until he was discharged on May 19, against the wishes of his assigned physician at St. Boniface, because the hospital needed more empty beds before Victoria Day long weekend, the lawsuit says. 

Rushed to hospital

Less than two weeks later, Darrell was rushed to the emergency room at Health Sciences due to significant shortness of breath. Lab results showed he had an elevated white blood cell count and other symptoms of an infection, the lawsuit says. 

He also told health-care workers at HSC that his urine was dark in colour, cloudy and foul-smelling, yet no urinalysis was performed. 

Instead, he was transferred to Concordia Hospital on June 2 because there were no beds available at HSC. 

There, his condition took a turn for the worse. Lab results showed his kidneys were shutting down and he was taken to the hospital's urgent care unit for "life-saving medical interventions," the lawsuit says. 

Doctors were able to stabilize him, but he had to be taken to St. Boniface Hospital for intensive care. 

At St. Boniface, he was diagnosed with cardiogenic shock and sepsis as a result of an E. coli infection in his urinary tract. That pushed back additional diagnostic tests and any resulting cancer treatments until he could recover, the lawsuit says. 

But that never happened. The lawsuit says Darrell remained at St. Boniface for more than two months and was discharged on Aug. 9, 2022. He died at home four days later. 

'Undiagnosed and untreated'

The lawsuit argues the defendants failed to intervene until Darrell's condition was critical, even though there were strong indications his condition was rapidly deteriorating. 

"Darrell never fully recovered from the infections and the resulting shock and sepsis that he contracted that were initially undiagnosed and untreated while in hospital, ultimately resulting in his death," the lawsuit says. 

None of the allegations outlined in the lawsuit have been proven in court. 

Darrell's wife, Darlene, is suing for damages and other relief as determined by the courts for herself and the couple's two daughters and two granddaughters. 

A spokesperson for Shared Health, which oversees Health Sciences Centre, extended sympathies to Darrell's family, but said the organization can't comment on the lawsuit because it's before the courts. 

The Winnipeg Regional Health Authority, which oversees St. Boniface and Concordia hospitals, also declined to comment.