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N.L. Health Board Loses Bid to Block Public Release of Reviews Before Inquiry

Posted on: Thursday, 14 February 2008, 21:00 CST

By Tara Brautigam, THE CANADIAN PRESS

ST. JOHN'S, N.L. - Two reports examining the laboratory services of Newfoundland and Labrador's largest health board should be publicly released, a judge ruled Thursday, days before a judicial inquiry into hundreds of breast cancer test errors is set to begin.

The Eastern Health Authority applied to the province's Supreme Court to block the release of the probes, arguing they were peer reviews and therefore protected under the Evidence Act.

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

But lawyers for the inquiry argued the reviews were less formal investigative exercises and therefore shouldn't be kept from public scrutiny.

"I am not satisfied ... that these external review reports were anything more than one part of an investigation into the problems that Eastern Health was having back in 2004 and 2005 with its lab testing," Justice Wayne Dymond wrote in a 39-page decision released late Thursday.

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 of their cancer and whether a different treatment could have helped them.

Gerry Rogers, one of the patients affected by the botched tests and a filmmaker who made a Gemini Award-winning documentary about her fight with breast cancer, hailed Dymond's decision.

"If this information was withheld, I think that there would be again that sense of, 'What is being held back? What's being covered up?"' Rogers said. "I was astounded that Eastern Health was pulling this."

Peter Dawe, executive director of the provincial branch of the Canadian Cancer Society, said the release of the reports was crucial for the commission of inquiry to be able to fulfil its mandate.

"Without these reports, absolutely the inquiry would've been hindered in its work," Dawe said.

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.

Last 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 in December.

Despite losing the case, Eastern Health interim CEO Louise Jones said she was "delighted" that the health board now has guidance from the court on how to proceed with peer reviews.

Jones said the health board doesn't plan to appeal.

Justice Margaret Cameron is to start hearing evidence at the inquiry some time this month.

Source: Canadian Press

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