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N.L. Health Board Trying to Block 'Damning Reports' From Public: Documents

Posted on: Wednesday, 23 January 2008, 18:00 CST

By Tara Brautigam, THE CANADIAN PRESS

ST. JOHN'S, N.L. - Newfoundland's largest health board, at the centre of a judicial inquiry into hundreds of faulty breast cancer tests, is trying to prevent the public release of "fairly damning reports" into its laboratory services, according to documents filed with the province's Supreme Court.

On the opening day of a hearing to determine whether the reports should be made public, an executive with the Eastern Health authority conceded that the organization is beset by staff shortages in its quality assurance department.

"We struggle every day to try to make sure we're following the appropriate policies," Dr. Oscar Howell, vice-president of medical services, testified Wednesday.

"This is a very young organization, still trying to find its feet."

Eastern Health, which serves 290,000 people, was created in April 2005 from the merger of seven health-care organizations.

According to a memorandum filed with the court, one of the authority's own breast pathologists, Dr. Beverley Carter, has described the two reviews - conducted in 2005 and 2006 - as "fairly damning reports."

Health officials have turned over the reviews to the commission of inquiry, but they are asking the Supreme Court to bar the public release of the documents.

They insist the reviews are confidential, peer-reviewed audits that are protected under the Evidence Act.

But lawyers representing the inquiry contend the reviews were less formal investigative exercises, and shouldn't be kept from public scrutiny.

Counsel for the inquiry and Eastern Health have declined comment until after the hearing concludes.

Last year, it was discovered that more than 300 breast cancer patients were given inaccurate results from tests considered critical in evaluating treatment options.

At least 36 of the patients who received incorrect results have since died, though it remains unknown how many died as a result of their cancer and whether a different treatment could have helped them.

"I'm kind of disappointed that we had to go through this," said Minnie Hoyles, one of the patients whose diagnosis had changed. "I'm not sure that Eastern Health should be trying to drag us through this at this particular time."

Justice Margaret Cameron is expected to begin hearing evidence at the inquiry next month.

Eastern Health, which is also the subject of a class-action lawsuit over the error-prone breast cancer tests, has been under close scrutiny for nearly a year.

In May, former Eastern Health CEO George Tilley apologized for the "confusion" that arose when the board failed to fully disclose results of the review that found widespread problems with its breast cancer testing.

Less than a week later, Tilley announced the suspension of a radiologist at the Burin Peninsula Health Centre after staff at the facility raised concerns over his procedures and decision-making.

Tilley, who has since resigned, admitted he announced the suspension of Fred Kasirye earlier than planned because of "heightened sensitivity" surrounding the botched breast cancer tests.

A review into Kasirye's work found that he missed glaring problems such as tumours, cases of pneumonia and broken bones. He resigned last month.

Source: Canadian Press

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