Lawsuit launched by family of Indigenous woman in N.S. claims negligence in her death

HALIFAX -

The mother of an Indigenous woman who died in hospital with fungal meningitis says her daughter's race may have played a role in the allegedly negligent medical treatment she received.

In response to the death of Destiny Rennie, her mother filed a lawsuit against the Nova Scotia health authority and four doctors responsible for treating the 22-year-old Mi'kmaq woman.

A notice of action filed July 25 in the Nova Scotia Supreme Court says Rennie, who experienced "brain death" on Aug. 3, 2023, and was pronounced dead three days later with meningitis, was mistreated by doctors who thought she was an illicit drug user. Her family alleges that hospital staff and doctors were "generally negligent" in their supervision and monitoring of Rennie's symptoms and slow to act as her health deteriorated over several days.

"It's gut-wrenching to think that if she had blond hair and blue eyes, would she have been treated differently? Would she still be here?" Dana Rennie, Destiny's mother, said in an interview Wednesday.

The statement of claim names Dana as a plaintiff, as well as Destiny's father, Tim Toney, and Teesa Syliboy, Destiny's stepmother. They claim hospital staff were slow to provide the 22-year-old with treatment and failed to urgently transport her to a Halifax hospital for more advanced care.

The allegations have not been tested in court, and the Nova Scotia Health Authority, in response to a request for comment, said it doesn't release statements on ongoing legal actions.

The lawsuit says the plaintiffs are seeking monetary and non-monetary damages for loss of care and companionship, and for the cost of filing the legal action. It does not include a precise figure.

One doctor assessed Rennie as likely to have been using illicit drugs, and provided her with antibiotics accordingly, says the family's notice of legal action. Then the doctor ordered a blood test that showed the only drugs in her system not prescribed by a physician were cannabinoids -- chemicals found in cannabis.

Rennie's mother said she repeatedly told medical staff "my daughter is not a drug addict" and felt they did not believe her.

PATH Legal, the non-profit law firm representing Rennie's family, said in a statement her tragic and preventable death highlights the systemic and ongoing mistreatment of Indigenous people in health settings. The law firm said Rennie and her mother's concerns were dismissed by medical staff because the two women were Indigenous.

In an interview Wednesday, Toney said his daughter's Mi'kmaq identity "played an important part in how she was treated."

Rennie went to Soldiers Memorial Hospital in Middleton, N.S., on July 27 with head pain, sensitivity to light, and facial swelling; she was given antibiotics and told to return the following day for a CT scan.

Between July 28 and 31, her condition worsened. She was taken to Valley Regional Hospital in Kentville, N.S., by ambulance and admitted July 31. The lawsuit alleges in the days that followed, doctors were slow to order tests, and in the morning of Aug. 2, doctors suspected meningitis and ordered treatment but medical staff allegedly did not administer an antifungal medication for eight and a half hours and did not immediately have her airlifted to Halifax for care.

Dana Rennie said medical staff failed to inform her of the severity of her daughter's illness. "No one ever once sat me down and said she could die at any minute, that this was really bad -- not once," she said.

"And we were denied to stay in the ICU. She died alone. She died alone. They can't even tell me exactly what time she died because she was all alone."

The statement of claim says Rennie experienced "brain death" sometime between 10 p.m. and midnight on Aug. 2. The following morning it was confirmed by tests that she had meningitis cryptococcus -- fungal meningitis -- and at that time she was airlifted to the QEII Hospital in Halifax. Testing continued for three days at the Halifax hospital, where doctors determined nothing could be done, the family claims. She was declared dead on the evening of Aug. 6 after her oxygen was disconnected.

Dana Rennie said her daughter is missed terribly by her many siblings and family, and was known for her love of nature.

"She was a great big sister and she was so talented. God, with everything she tried. She beaded earrings, jewelry and medallions. She could ATV and shoot a bow, she could fish, she could paint, she could skateboard. This girl was just so incredible."

Toney agreed, saying his daughter was extremely proud of her Mi'kmaq heritage and family, and made friends wherever she went.

"She really loved all her siblings, she's very artistic and creative and you know she came out with me fishing on lobster boats too. She kept up with the boys and surprised everybody, and everybody had really good things to say about her."

Before her death, Rennie was living in Middleton, next door to her grandmother, and would regularly cook for her friends and family.

"The world is dark now. It's quiet and it's dark without her," her mother said.

This report by The Canadian Press was first published Aug. 7, 2024.

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