2021 trial to decide who’s to blame for patient’s blindness

The Calgary chiropractor sued by a patient whose three strokes left him legally blind says other doctors may be to blame for the man’s condition.

A spring 2021 trial has been scheduled to determine who, if anyone, is liable for the injuries suffered by Calgarian Andrew Rothnie.

Rothnie sued Dr. Donald Findlay Jr. in August 2016 over a series of strokes he suffered in July 2015, which he claims were caused by his chiropractic treatments.

Court records show Findlay has filed a third-party claim against Alberta Health Services and a group of doctors at Foothills Medical Centre who treated Rothnie at the hospital.

In that claim, disputed by AHS and the doctors, Findlay alleges Rothnie wasn’t prescribed blood thinners following his first two strokes on July 4 and 7, 2015.

One doctor also advised the patient after his first stroke “he could continue with his normal daily activities without restriction upon discharge from (the hospital),” Findlay’s claim states.

The four doctors named as thirdparty defendants deny liability, adding, “Rothnie had a duty to act reasonably and in the interest of maintaining his own health at all material times.”

In his lawsuit, Rothnie alleges “manipulative therapy” involving his spine triggered a series of strokes and caused permanent vision loss in both his eyes.

His statement of claim says he went to Findlay on March 11, 2013, because of lower back pain.

“Dr. Findlay identified Mr. Rothnie’s problem as mechanical low back pain,” the document states.

“To treat this diagnosis, Dr. Findlay recommended a care plan to Mr. Rothnie comprising a series of treatments involving spinal manipulation therapy ... to his entire spine, including his cervical spine.”

Based on the diagnosis, Rothnie agreed to the chiropractor’s treatment plan, the claim says.

“At no time did Dr. Findlay advise Mr. Rothnie of the risks that may result from the adjustments (he) proposed to administer.”

The patient underwent 48 treatment sessions between March 2013 and June 19, 2015, the court document says.

“The adjustments Dr. Findlay administered to Mr. Rothnie’s cervical spine ... caused a left vertebral artery dissection, which led to the disruption of blood flow to Mr. Rothnie’s brain,” the lawsuit alleges.

The last of the three strokes left Rothnie “legally blind in both eyes.”

In his statement of defence, Findlay denies wrongdoing.

“Dr. Findlay denies that the plaintiff has suffered loss or damage as a result of the treatments provided to him.”

Rothnie is seeking $2.32 million in damages.