Montreal Gazette

Widow sues over denial of new liver

- TOM BLACKWELL

Rules that force alcoholics to be sober for six months before they’re considered for a liver transplant are based on prejudice, not science, and should be struck down as unconstitu­tional, charges a court challenge of the policy.

The lawsuit was just filed by Toronto’s Debra Selkirk, whose late husband, Mark, died after doctors refused to transplant even a piece of her own liver into him until he’d been dry half a year.

Selkirk’s case argues that the widely followed guidelines violate the right to life, liberty and security of the person, essentiall­y condemning hundreds of alcoholic patients for no justifiabl­e reason.

The rules also breach the Charter of Rights and Freedom’s guarantee of equality, since other patients whose disease is lifestyle-related aren’t forced to change their unhealthy ways before they can receive a new organ, Selkirk charges in the suit.

“Obviously, I can’t bring Mark back, but that doesn’t mean that something that’s very wrong should not be corrected,” she said. “It’s heartbreak­ing for me that he died because I didn’t challenge them.”

Alcoholism is deemed a disability, and a prohibited ground of discrimina­tion, by the Canadian Human Rights Code, the case notes.

The suit filed in Ontario’s Divisional Court targets the Trillium Gift of Life Network — which oversees the province’s organ transplant system — the Health Ministry and University Health Network, the transplant centre where Mark Selkirk was treated.

Jennifer Long, a spokeswoma­n for Trillium, said the agency wouldn’t comment while the case is before the courts.

 ??  ?? Debra Selkirk
Debra Selkirk

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