New BrunswickThe family of a man who died waiting for care at the Fredericton hospital’s emergency department more than three years ago has reached a settlement in its negligence lawsuit against Horizon Health Network and two nurses.Darrell Mesheau’s death after 7-hour wait in Chalmers ER prompted lawsuit against Horizon, nursesListen to this articleEstimated 5 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence. Darrell Mesheau, a former diplomat, had a son, daughter and granddaughter who miss him every day, son Ryan says. (Darrell Mesheau/Facebook)The family of a man who died waiting for care at the Fredericton hospital’s emergency department more than three years ago has reached a settlement in their negligence lawsuit against Horizon Health Network and two nurses.Ryan Mesheau, son of the late Darrell Mesheau, 78, confirmed the resolution to CBC News.He declined to disclose any details, citing the terms of the agreement.But the family intends to seek reform of the province’s Fatal Accidents Act, which “assigns next to no monetary value to the life of an elderly person or child,” Mesheau said.”We appreciate that the case has been resolved, although it does not necessarily bring contentment or closure.”Darrell Mesheau with his granddaughter Lily MacDonald, daughter Allison Mesheau, daugher-in-law Rachelle Mesheau, and son Ryan in the summer of 2015. (Submitted by Ryan Mesheau)”Losing someone so suddenly and the way it happened brings up a lot of feelings that are hard to describe.”The grief, sadness, and anger have reshaped their lives, he said, and “left an emptiness.”We still miss his advice, we still miss his support and his company.” They are determined, however, to ensure his death serves as a catalyst for positive change for all New Brunswickers, Mesheau said. In addition to seeking amendments to the Fatal Accidents Act, they also plan to establish a nursing scholarship in his name at the University of New Brunswick.Waited 7 hours in ER waiting roomDarrell Mesheau spent about seven hours in the waiting room of the Dr. Everett Chalmers Regional Hospital ER before he was discovered slumped and motionless in a wheelchair by a licensed practical nurse around 4:30 a.m. on July 12, 2022.The death of the former diplomat sparked outrage across the province and prompted a major shakeup of New Brunswick’s health-care leadership, including the firing of Horizon’s president and CEO, the replacement of the health minister and removal of the Horizon and Vitalit�é boards. In July 2024, Darrell Mesheau’s sister and the executor of his estate, Susan Mesheau of Fredericton, filed the lawsuit against Horizon, registered nurse Danielle Othen and licensed practical nurse April Knowles over his death.Family alleged ‘reckless’ acts and omissionsThe Mesheau family, including his four siblings, two children, and granddaughter, alleged “reckless and outrageous acts and omissions” in his care and treatment after he arrived by ambulance on July 11, around 9:33 p.m., and was placed in a wheelchair in the ER waiting room.”This included, but was not limited to, the defendants not providing [Canadian Emergency Department Triage and Acuity Scale] Level 3 medical care, which prescribes a patient vitals check and reassessment every 30 minutes,” the statement of claim said.A coroner’s inquest into Mesheau’s death last year heard Othen triaged him around 10:44 p.m., as being a Level 3, which is considered urgent, according to the acuity scale, which ranges from Level 1, the most serious, to Level 5.Mesheau, who had called 911, told a paramedic he vomited that morning and had diarrhea, felt weak all day and short of breath on exertion, the inquest heard.His medical history included a heart attack and quadruple bypass, diabetes, some hypertension and cholesterol issues.No medical staff checked Mesheau’s vital signs in the roughly 2½ hours before he died, the inquest heard.When Knowles checked him around 4:30 a.m., he was already cool to the touch and staff were unable to resuscitate him. He was pronounced dead at 4:44 a.m.A pathologist later determined he died from heart failure.The family further alleged the defendants’ “acts and omissions caused or contributed to” Mesheau’s death, and that their actions “fell well below the standard of care.”None of their allegations were tested in court.Darrell Mesheau had been waiting alone in a wheelchair, in visible discomfort, for hours when he appeared to fall asleep, witness John Staples told CBC (Joe McDonald/CBC)The family was seeking unspecified punitive or exemplary damages, special damages for financial losses, damages for “loss of guidance, companionship, and/or support,” as well as costs.In a statement of defence, Horizon and the two nurses denied any negligence, arguing they “used reasonable skills and due care in treating” Mesheau. They sought to have the case dismissed with costs.On Oct. 21, a discontinuance by consent was filed in the Court of King’s Bench in Fredericton.A Horizon spokesperson declined to comment.’Every life has value’Ryan Mesheau said he and the family are grateful for the support they received throughout this “long and painful journey.”He said they will now advocate for change to the Fatal Accidents Act, which he described as being among the most outdated in Canada.”The problem is it undervalues the lives of people without an income or dependents because it limits compensation to financial losses and that approach completely misses the emotional and personal impact a wrongful death can have on families,” Mesheau said.”Updating it would help ensure the laws reflect the true worth of every person’s life, no matter their age or financial situation,” he said. “Every life has value.”Nursing scholarship a ‘fitting tribute’The details of the memorial nursing scholarship are still being worked out, Mesheau said. But his father believed deeply in education and in helping others, he said. “So I cannot think of a more fitting tribute than to support the next generations of nurses.”I hope it not only helps students working towards their degree but it also serves as a reminder of how vital excellence and accountability are in health care.”
Family of man who died waiting for care at Fredericton ER reaches settlement
