Family of patient who died in Fredericton ER waiting room files lawsuit against Horizon Health

The family of a man who died two years ago while waiting for care in the Dr. Everett Chalmers Regional Hospital waiting room has filed a lawsuit against Horizon Health Network and two nurses who were on shift that night.

Darrell Mesheau died in the early morning hours of July 12, 2022, after sitting for almost seven hours in the hospital emergency department waiting room in Fredericton.

The statement of claim filed with the Court of King’s Bench of New Brunswick states Mesheau died of heart failure. The family’s lawsuit alleges if he had been monitored, or seen by a physician earlier, he’d still be alive today.

Mesheau’s sister Susan is listed as the executor of his estate and is the plaintiff in the notice of action, filed in July. Horizon Health and two nurses, April Knowles and Danielle Othen, are listed as the defendants.

The lawsuit alleges the defendants’ actions and omissions “caused or contributed to Darrell Mesheau’s death. The actions of the Defendants responsible for Darrell Mesheau’s care fell well below the standard of care.”

The legal documents go on to state Mesheau had a medical history of cardiac issues, high blood pressure and diabetes, and had undergone a quadruple bypass heart operation. On the evening of July 11, he called 911 from his Fredericton residence, suffering from “dyspnea and bodily weakness.”

Upon arrival to the hospital, he was triaged as a level three, in accordance to the Canadian Triage and Acuity Scale, which is classified as “urgent” on the scale of five.

The statement of claim says Mesheau was then only examined twice by nursing staff – at 10:44 p.m. when he was triaged, and again at 2:03 a.m.

Mesheau was found “unresponsive, cool to touch, and/or deceased by nursing staff in the waiting room at or around 4:28 a.m.”

Mesheau’s family alleges Horizon Health failed to deliver health services in accordance with provincial standards under the Regional Health Authorities Act, including a “failure to provide Darrell Mesheau with competent personnel, adequate facilities and equipment, available and/or proper emergency room care…”

They’re seeking punitive and/or exemplary damages, special damages for funeral expenses and damages for a “loss of companionship, guidance and support,” due to Mesheau’s death, specifically on behalf of Lily Fae Mesheau MacDonald.

CTV Atlantic has attempted to reach the family’s lawyer, listed as Weston McArthur on the notice.

Mesheau's family told CTV Atlantic they had no additional comments to make at this time.

Horizon Health Network also declined to comment.

A coroner’s inquest looking into the circumstances surrounding Mesheau’s death concluded in April. During testimony, the inquest heard the results of Horizon Health’s internal investigation, which resulted in eight recommendations. According to documents, at the time, Horizon had approved all eight, and completed seven.

No statements of defence have filed with the courts. The allegations in the lawsuit have not been tested in court. 

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