Province, family reach settlement in Huntley case
The province won’t be taking Joellan Huntley’s family back to court.
On April 18, 1996, the Canning-area native was involved in a serious car accident that left her with a traumatic brain injury and unable to walk or talk. She was 15 years old.
She is currently a long-term patient at the Kings Rehabilitation Centre in Waterville, and uses a feeding tube to live. After a lengthy court process, her family received $1 million in insurance money now used to pay for additional therapies and things the rehab centre cannot provide, including a better wheelchair, a more comfortable bed and additional physiotherapy.
Last May, the government started a court process under the Health Services and Insurance Act and the Social Assistance Act to claw back the insurance money, saying it’s entitled to the money for “past and future care” costs
On April 1, the province announced it had reached an agreement with Huntley’s family after “ongoing discussions” between the woman’s family, legal representatives and Community Services.
“I’m really, really pleased they’ve come to a settlement,” Kings North MLA John Lohr said April 1.
“I think the Liberal government and the minister did the right thing by pursuing a negotiated settlement.”
The Progressive Conservative MLA has been an advocate for Huntley and her parents - Louise Misner and Byron Huntley - and presented a petition supporting the family in the legislature last year.
“It took some media pressure to make the government change course. I’m glad they did change course,” he said.
“My congratulations to Louise and Byron for their courage to face yet another hurdle for their daughter. They stuck to their guns.”
Details of the settlement are confidential, but Lohr said he hopes it allows some of the money to go into longtime care and some to Joellan’s estate, so the family can continue to offer the woman additional care.
“Joellan was 15 years old when this happened,” Lohr said. “If (her parents) could provide her some extras, why wouldn’t they do that?”
In a press release from the province, Joanne Bernard, minister of Community Services, said the case “has weighed heavily on my mind and the minds of staff.
“We are pleased to have a settlement, and we’ll continue to partner with the family in caring for their daughter’s long-term needs.”
According to the media release, the department is reviewing policies to provide more clarity for these rare cases so other families don’t have to go through a drawnout legal process.
Lohr said other families have been watching the Huntley case and it could set a precedent for people in the same situation.
“It took seven years to get that (insurance) settlement,” Lohr said. “If the government is taking the entire settlement, would (other families) even bother?”