Ex-Calgary pathologists deny accusations
CALGARY • Two former Calgary medical examiners under multiple investigations in Texas have denied inappropriately harvesting organs from deceased children.
In separate statements of defence obtained by Lubbock news outlet KLBK TV, dr. Sam Andrew and dr. evan Matshes, who both quit the Calgary medical examiner’s office in 2011, insist they did nothing wrong during a pair of autopsies that prompted lawsuits and ongoing investigations by the Texas rangers and the Texas Medical Board.
The pathologists, who are named along with their California-based pathology company NAAG Pathology Labs, are facing separate legal challenges of $1 million and another asked for no less than $100,000, accusing them of being “body snatchers.”
The first lawsuit was launched in February by a former employee of the medical examiner’s office, Tita Senee Graves, who claimed she was fired for raising concerns over Matshes’ alleged removal of organs and tissue during autopsies on children for “research” purposes. Last month a second suit was launched by the family of 10-year-old rebecca Villarreal Ortiz, alleging her autopsy was “forensically unjustified and excessive,” and resulted in the removal of several organs without the family’s consent.
In responding to Graves’ lawsuit, lawyers representing the duo said any suggestion that organs were removed for research purposes was false, and the plaintiff lacked the expertise to know what was appropriate during an autopsy.
“dr. Matshes has never removed organs or tissues from forensic autopsies for research purposes,” the statement of defence reads.
“Graves has no qualifications to determine what should be done in an autopsy to determine the cause of death.”
The pathologists’ lawyers argued Graves was fired not for being a whistleblower, but for “misconduct,” including taking photographs during an autopsy that she later deleted.
“Ms. Graves’ allegations that her employment was terminated because she reported her concerns about potential illegal activity within the Medical examiner’s Office to the authorities are false. There was no illegal activity in the Medical examiner’s Office by defendants.”
In response to the lawsuit from Ortiz’ family, lawyers for the former Calgary medical examiners blamed a former Lubbock pathologist for any issues with the autopsy they say he performed, though they acknowledge the independent contractor was provided with “a list of suggestions,” prior to the procedure.
“Plaintiff’s allegation that the manner in which the autopsy was performed is not ‘statutorily authorized’ is false. No Texas statute directs a medical examiner how to perform an autopsy,” the statement of defence read.
Both legal responses argue the pathologists are protected from liability due to “official immunity,” a legal doctrine in the u.s. that shields government officials from being sued for actions performed within their official capacity, unless it clearly violates established laws.
damages called for could result in “excessive fines and cruel and unusual punishment,” contrary to the Texas constitution, lawyers for the duo argued.
Matshes filed a $30-million lawsuit against the Alberta government in 2014, claiming the province conspired with former chief medical examiner dr. Anny Sauvageau to ruin his career by spreading false information about him.
Matshes’ work during his 13 months serving in Calgary’s medical examiner’s office had been called into question, prompting an investigation into 14 of his cases, which found his conclusions “unreasonable” in 13 of them. However, a judge would later quash the findings after determining the process was unfair and investigators were given incomplete information.