Settlement in 2008 death to stay sealed
Almost 10 years after Faye Carter died while waiting for surgery, her family has reached a settlement agreement in a lawsuit involving the provincial government and three doctors.
Details of that settlement won’t be made public after P.E.I. Supreme Court Justice Jacqueline Matheson ordered the records sealed Wednesday.
In doing so, Matheson said the public interest was protected by the knowledge of the lawsuit and that a settlement was reached. It was in the best interest of justice to have the details of the settlement sealed, Matheson said.
Carter died in 2008 after waiting more than 18 hours for surgery while fecal matter poisoned her body.
She was 55.
In October 2008, Carter had a routine bowel operation and died two weeks later at the Queen Elizabeth Hospital in Charlottetown.
Her family sued the province as the operator of the hospital, Dr.
Barry Fleming,
Dr. Ayodeji Harris-Eze and Dr. John Goodwin.
On Wednesday, lawyers for the family and the doctors appeared before Matheson to make submissions as they sought to have the motion record and the settlement details sealed.
Geoff Franklin, who represented Carter’s estate and family, said public disclosure would have a chilling effect on the willingness of parties to settle lawsuits.
The negotiations involved in the matter produced a settlement that was contingent on a confidentiality order, Franklin said.
Thomas Laughlin, who represented the doctors, also said without the order there wouldn’t be a settlement.
Because the lawsuit sought damages under the Fatal Accidents Act, leave of the court was required for approval of the settlement.