麻豆社国产

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Changes sought after daughter鈥檚 death

Former 麻豆社国产resident Ann Forry alleges Lions Gate Hospital was negligent in treating her daughter鈥檚 infection
The late Natasha Forry.
The late Natasha Forry and mom, Ann.

A mother with strong ties to 麻豆社国产alleges her daughter died from negligent treatment at Lions Gate Hospital and she鈥檚 looking for justice.

Ann Forry, who was raised in 麻豆社国产and whose own mother Joan is a long-time fixture in town as a dedicated Community Christmas Care volunteer, is calling on the province to make sweeping changes to laws governing wrongful deaths.

Forry鈥檚 29-year-old daughter, Natasha, a North Vancouver resident, died from a staph infection on Thanksgiving after visiting Lions Gate Hospital four times within 10 days.

Forry wanted to sue the hospital for negligence, but, after approaching six lawyers, she received the same answer over and over again 鈥 it wasn鈥檛 possible.

That鈥檚 because the Family Compensation Act only gives value to people who have dependents, and her daughter wasn鈥檛 one of those people.

Forry wants the province to change this law, as she says it wrongfully prevents families from seeking legal recourse for the death of their loved ones.

鈥淚 know for a fact that Natasha would want me to fight for her,鈥 Forry told The Chief. 鈥淚 know she would want justice. I know she wouldn鈥檛 want her life to be worthless and her future to be worthless. I know that as her mom. This is the last thing I can do for my daughter, and I hope that

Forry is campaigning with the in hopes that widespread public pressure will force the government to change the Family Compensation Act.

The series of events that would forever change her life started in the beginning of October 2020.

By Forry鈥檚 account, her daughter first went to Lions Gate Hospital on Oct. 2 to have a Bartholin鈥檚 abscess drained. She was sent home with Tylenol.

On Oct. 9, Natasha was complaining of pain in her abdomen, and visited a walk-in clinic where they suspected appendicitis. She was directed to go to the Lions Gate emergency room, which she did.

At this point, Forry arrived at the ER to see her daughter, but she wasn鈥檛 allowed to be with her due to COVID-19 restrictions. Natasha called her later for a pick-up.

Forry said Natasha told her she was diagnosed with swollen lymph nodes and was given painkillers.

On Oct. 10, Natasha went back to the emergency room. Forry said the pain was so severe, she was crying. Natasha was sent back home that night with double the painkillers from the night before, she said.

The next day, Natasha had difficulty breathing and called 911. An ambulance rushed her to hospital and she wound up in the intensive care unit.

Forry said a doctor phoned her and said they weren鈥檛 sure what was wrong with Natasha, but feared she had COVID-19. Forry asked if the problems had anything to do with the cyst that was drained, and, by her account, the doctor said this was the first he鈥檇 heard of it.

On Oct. 12, which was Thanksgiving, her daughter underwent surgery.

She died later that day.

Natasha Forry
The late Natasha Forry. - Courtesy Ann Forry

Vancouver Coastal Health, the health authority governing Lions Gate, said it could not comment on specific cases due to privacy concerns.

A statement issued by spokesperson Celso Pereira reads:

鈥淭his is a tragic situation, and we share our deepest condolences with the family and loved ones. We know that this is a difficult and stressful situation, however, patient privacy and confidentiality prevent us from publicly discussing the details of this case. We conducted a review to examine the circumstances and our processes in the care of this patient, and will use these findings to improve care. We remain committed to working with all families to ensure patients receive the best care possible.鈥

Forry provided an autopsy report to The Chief that verifies Natasha was treated for an abscess and then visited the emergency room three times.

The report confirms she died on Oct. 12 and raises the possibility that when Natasha鈥檚 abscess was drained, a staph infection occurred and would later spread to her lungs.

The Chief asked Vancouver Coastal Health to verify the authenticity of the report, but the authority declined, citing patient privacy and confidentiality.

The BC Coroners Service issued a written statement to The Chief saying that it was notified of Natasha鈥檚 death, but no further investigation is required.

In an interview, Forry said that the inability to litigate compounds the trauma she鈥檚 feeling from the loss of her daughter.

鈥淚t鈥檚 a real slap in the face because you have the grief versus additional injustice, and, it鈥檚 like, 鈥極h, OK 鈥 and your daughter doesn鈥檛 mean anything in B.C., by the way,鈥欌 she said.

鈥淚t actually makes the grieving worse, because I don鈥檛 get a day in court where I can...ask what really happened. All I can do is file with the College of Physicians and they鈥檙e going to decide what鈥檚 going to happen.鈥

She said it鈥檚 a system where there鈥檚 no accountability.

鈥淭his is B.C.鈥檚 problem, and we don鈥檛 know...the next family that鈥檚 going to have to deal with this shocking reality,鈥 said Forry. 鈥淪o people can feel removed until it happens to them. I had no idea of this law.鈥

The late Natasha Forry.
The late Natasha Forry. - Courtesy Ann Forry

Provincial context

Michael-James Pennie, president of the B.C. Wrongful Death Law Reform Society, said that an archaic B.C. law from 1846 prevents families from getting compensated for the death of their loved ones.

This is a situation unique to B.C., Pennie said, as all other provinces have modernized their wrongful death laws.

He said the issue lies with the Family Compensation Act, which only recognizes a person鈥檚 value unless they had income and dependents.

Natasha didn鈥檛 have any dependents, therefore there is virtually no legal recourse for the family, Pennie said.

Pennie said it鈥檚 still possible to litigate, but cases have little chance of success due to steep costs and very little prospect for financial gain.

Under the current law, people may only claim pecuniary, or financial costs, which 鈥 since lost income is not accounted for in cases like Natasha鈥檚 鈥 would be limited to funeral and other relatively minor expenses. These claims often hardly cover the cost of litigation.

As a result, it鈥檚 not worth pursuing legal action the vast majority of the time.

In addition to missing out on financial claims, Pennie said another big piece that gets missed is the absence of a public trial.

Since privacy policies in health authorities usually prevent the public from knowing the details of an investigation into a medically-related wrongful death, even the families of the dead are generally kept in the dark about what caused their loved one to die, Pennie said.

A court hearing can compel those involved to testify publicly, and that offers an avenue for a family to get closure on what happened to their loved one, he said.

But without a trial, they can be left in the dark. And trials can鈥檛 happen unless a family can afford to pay the legal costs, he said.

A change in law allowing for more money to be pursued in these cases would make litigation affordable for people who don鈥檛 have deep pockets, he said.

鈥淲hat they鈥檝e done in other jurisdictions is they have what鈥檚 called loss of companionship damages,鈥 said Pennie.

鈥淎nd that鈥檚 kind of the foundation of the way you value someone鈥檚 human life鈥.How many people, how many surviving immediate family members will now be without their companionship, guidance, care, comfort, support 鈥 that sort of thing.鈥

He said it takes into account surviving parents, grandparents, siblings, children and spouses. Counting all those people provides a picture of how many are affected by a person鈥檚 death.

Cumulatively, that kind of claim can cover court costs for going to trial, Pennie said.

鈥淪o when someone鈥檚 life has no value, there鈥檚 no vehicle, or there鈥檚 no currency of compensation, to be able to fuel that pursuit of justice. So when the family discovers the law, they鈥檙e shocked,鈥 he said.

The Ministry of the Attorney General issued a written statement to The Chief regarding Forry鈥檚 case.

鈥淲e understand the injustice of the issue and the importance of addressing it. Our goal is to look at this issue within this government鈥檚 mandate,鈥 the statement reads.

鈥淲e completely understand the grief and the anger and the need for a recognition of what happened to Natasha and to people like her in this situation. That鈥檚 why we believe in a need for reform in this area, and it is a priority for the ministry to address it in this mandate of the government.鈥

Pennie said that he is skeptical of the government鈥檚 promise to address the issue, as this has been a longstanding problem that the province has previously promised to address 鈥 but to no avail.

That鈥檚 why he said he is urging the public to conduct a massive petition, letter and phone campaign to force each of their MLAs to take action on the matter.

It鈥檚 a movement that Forry hopes will grant justice to her and other families affected by a wrongful death.

鈥淚f the law was changed, I would, of course, like to fight for my daughter,鈥 she said.

鈥淚 think as any parent would, they would want their day in court.

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