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Family of 17-year-old files TB lawsuit

The Canadian Press
February 27, 2009

Winnipeg - A 17-year-old youth suffered a disabling stroke and infected several people with a virulent form of tuberculosis after a Winnipeg doctor failed to treat his contagious infection with antibiotics, according to allegations contained in a lawsuit his family has filed.

The youth's mother, who wants them to remain anonymous, said her son was rushed to Winnipeg's Seven Oaks Hospital on April 23, 2008, with severe chest pain.

According to court documents, the emergency-room doctor ordered a chest X-ray that revealed the boy had TB, but discharged the boy and never shared the test results with the family.

Three months later, the woman said, her son suffered a stroke — a result of untreated TB that spread to his brain.

TB can be treated with a six-month course of antibiotics to kill the germs, and some patients with an active infection are isolated and hospitalized to prevent it from spreading to others.
TB bacteria can be spread to others by coughing or sneezing in the air. Since the bacteria can remain in the air for several hours, anyone who shares the same airspace as a person with an active infection is at risk.

The woman said her son didn't receive any drug treatment for months, and a medical investigation found her husband, two younger children and several close family friends and their children tested positive for TB.

She said her son was an avid basketball player, but now walks with a limp on his right side. She said she's devastated he didn't receive the proper care, and could have medical complications for the rest of his life.

The family, which recently immigrated to Canada, launched a lawsuit against Dr. Rex Sokolies and the Winnipeg Regional Health Authority in late January.

According to a statement of claim, the family alleges the physician failed to follow up on X-ray results to ensure a proper diagnosis process was undertaken. Court documents claim the boy's symptoms worsened and the TB spread to his brain, causing lesions that resulted in permanent brain injury and physical disability.

"It's medical negligence," the boy's mother said, noting the infection left more than 100 lesions in her son's brain.

"He's still at high risk of seizures and stroke."
None of the claims against the doctor or the health authority have been proven in court.

The health authority would not comment on the case, as it's before the courts.

Thursday night Sokolies declined to comment other than to suggest the case will exonerate him once the full story comes out.

"Isn't it customary not to comment when it's before the courts? Details will be clarified when things are resolved," Dr. Rex Sokolies said, promising to make a public statement after the court case is over.

It's not known if he and the health authority have filed statements of defence.

Winnipeg medical officer of health Dr. William Libich said it usually takes days, weeks or hours in close quarters with an infected person to contract TB.

He said Winnipeg and Manitoba health officials track TB, and interview any contacts of individuals who test positive for infectious TB.