Man sues health authority over alleged forced injection
ST. JOHN’S, N. L. • A man diagnosed with schizophrenia who says he was forcibly injected by a health-care worker in the back of a car is suing Newfoundland’s largest health authority.
Marc Arsenault says two Eastern Health workers arrived at his St. John’s home last January, asking if he wanted his monthly shot.
“They were taking me out to McDonald’s to have a coffee,” he said.
Arsenault, 59, has been under various community treatment orders (CTOs) since Aug. 2, 2013, including “the compulsory injection of mind-altering medications,” says his statement of claim.
However, Arsenault was not under a CTO at the time that forces injections, he says.
The health-care workers stopped their car at a church while on the way to McDonald’s and “they injected me right in the parking lot there, in the back seat of the car,” Arsenault says.
He is seeking unspecified compensation from Eastern Health for negligence, unlawful detainment and battery. The health authority has not filed a statement of defence in response to the unproven allegations.
Arsenault’s lawyer, Ches Crosbie, said the incident is “simply intolerable.”
“It just illustrates the cavalier approach that Eastern Health seems to be taking toward observing the rights of some of our most vulnerable citizens.”
Eastern Health declined to specifically comment on Arsenault’s lawsuit and has not yet filed a defence.
“Eastern Health takes any concerns regarding community treatment orders very seriously and has taken steps to ensure they are administered as per provincial legislation,” said an emailed statement.
The provincial government last March announced it had discovered 13 recent cases where patients subject to CTOs “did not receive advice from rights advisers as required by law.”
At the time, Health Minister John Haggie apologized and said two rights advisers were fired.
“This is a very serious issue and the regional health authorities are in the process of contacting all those affected to ensure rights are protected and treatment is not disrupted,” Health Minister John Haggie said.
The health department said it would improve how community treatment orders are issued and monitored.