IWK law­suit

Law­suit claims poor care caused health prob­lems

Truro Daily News - - FRONT PAGE - BY ALY THOM­SON

A new mom who was di­ag­nosed with flesh-eat­ing dis­ease af­ter giv­ing birth is tak­ing le­gal ac­tion against a Hal­i­fax hospi­tal.

Lind­sey Hub­ley was di­ag­nosed with flesh-eat­ing dis­ease four days af­ter giv­ing birth and is now a quadru­ple am­putee, has un­der­gone a to­tal hys­terec­tomy and has been forced to spend the first seven months of her son’s life in hospi­tal.

Now she’s tak­ing le­gal ac­tion against the IWK Health Cen­tre and sev­eral Hal­i­fax-area doc­tors for al­leged wrong­do­ings in her care dur­ing the birth and her post­op­er­a­tive care.

Lawyer Ray Wag­ner said a state­ment of claim filed in Nova Sco­tia Supreme Court on Wed­nes­day al­leges that the neg­li­gence of five doc­tors and the hospi­tal caused or con­trib­uted to the health is­sues suf­fered by Hub­ley.

“She was very lucky to have sur­vived,” said Wag­ner in an in­ter­view on Wed­nes­day.

Hub­ley, 33, gave birth to her son Myles on March 2 but was rushed to the hospi­tal a day af­ter be­ing dis­charged and was later di­ag­nosed with necro­tiz­ing fasci­itis, oth­er­wise known as flesheat­ing dis­ease. Wag­ner said it’s al­leged that part of the pla­centa was not re­moved at birth, and that she had a tear on her vagina that re­quired su­tures, which could have con­trib­uted to her health is­sues.

He said it’s also al­leged that when Hub­ley ar­rived back at the hospi­tal on March 5 with ab­dom­i­nal pain — the day af­ter be­ing dis­charged fol­low­ing the birth — an ex­am­i­na­tion was not per­formed. Hub­ley was di­ag­nosed with con­sti­pa­tion and sent home.

“Our al­le­ga­tions are that had she been prop­erly as­sessed when she pre­sented at the hospi­tal … a sub­stan­tial part of the dam­age, if not all of it, could have been pre­vented,” said Wag­ner.

The next day, she was rushed to the hospi­tal af­ter ex­pe­ri­enc­ing more pain and dis­coloura­tion on her body.

She was later di­ag­nosed with flesh-eat­ing dis­ease, and has since un­der­gone mul­ti­ple surg­eries, in­clud­ing am­pu­ta­tions be­low both of her el­bows and knees, and a to­tal hys­terec­tomy.

The al­le­ga­tions have not been proven in court, and the IWK did not com­ment on the claims Wed­nes­day.

Hub­ley’s fi­ance, Mike Samp­son, 34, who is also named as a plain­tiff in the case, has not been able to work since the birth of Myles. He said “life has been put on hold.”

“Myles and I make our way into the hospi­tal pretty much ev­ery day to see mama,” said Samp­son in an in­ter­view Wed­nes­day. “Our lives have been turned up­side down.”

But de­spite the hor­rific or­deal, Samp­son said his fi­ance has re­mained very pos­i­tive.

“No mom should ever have to watch their fi­ance and their son walk out the door ev­ery night for over 200 days,” he said.

“She’s in­cred­i­bly pos­i­tive … She has an out­look that this process has taken her arms and her legs, but it’s not go­ing to take her hap­pi­ness.”

Samp­son said Hub­ley is no longer in­fected but does re­quire more ma­jor surg­eries — in­clud­ing a kid­ney trans­plant — how­ever they are hope­ful she’ll soon be able to start at­tend­ing re­hab.


Lind­sey Hub­ley, a new mother who was di­ag­nosed with flesh-eat­ing dis­ease days af­ter giv­ing birth and is now a quadru­ple am­putee, is tak­ing le­gal ac­tion against a Hal­i­fax hospi­tal and sev­eral doc­tors. She is shown with her fi­ance Mike Samp­son and their...

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