Family of man who died in ER waiting room ‘appalled’ by premier’s comments about lawsuit

After Premier Blaine Higgs slammed the family of Darrell Mesheau last weekend for naming nurses in the lawsuit over their father’s death, Mesheau’s son is speaking out.

“I feel that I am forced to speak up,” Ryan Mesheau said in an emailed statement to CBC News.

“I became quickly appalled because of the misinformation that Premier Higgs chose to spread in his statements, seeming to use the death of my father for what appeared to be a self-serving attempt to gain political points.”

Susan Mesheau, executor of the estate of her brother Darrell Mesheau, filed a notice of action against Horizon Health and two nurses who were on shift at a Fredericton emergency room the night he died. 

Darrell Mesheau, 78, sat in the waiting room of the Dr. Everett Chalmers Regional Hospital emergency room for about seven hours before he was discovered unresponsive around 4:30 a.m. on July 12, 2022.

The notice names Danielle Othen, a registered nurse who triaged Mesheau, and April Knowles, a licensed practical nurse with the task of monitoring patients.

Last Saturday, Higgs issued a statement criticizing the Mesheau family for naming individual nurses in the lawsuit and called them to reconsider.

“There was an inquiry into Mr. Mesheau’s death, which highlighted important changes that needed to be made.… The inquiry did not find any instances of negligence on the part of these nurses,” Higgs said in the statement. “To suggest otherwise by naming them in the lawsuit is unacceptable.”

A man wearing a blazer standing in the hallway of a hotel.
In a statement, Ryan Mesheau says he was appalled at the premier’s statement and felt the need to respond. (CBC)

Ryan Mesheau took issue with that part of Higgs’s statement, calling it untrue.

A coroner’s inquest does not determine guilt. It hears evidence about the circumstances of a death and makes recommendations to prevent similar deaths in the future.

“As I’m sure the premier is aware, the inquest into my father’s death did not determine that no negligence occurred,” said Mesheau, adding the family had no choice but to name individuals. 

Higgs also pledged legislation, if re-elected, that “further protects health-care professionals from being named in lawsuits,” he said, noting the health minister would begin consultation with union leadership.

When reached by phone Friday, Mesheau declined to be interviewed about his statement but confirmed that the family is continuing with the lawsuit as it stands.

Mesheau said he and his family sent Higgs a letter in May following the coroner’s inquest.

“We asked Premier Higgs to demonstrate leadership, integrity and humanity by undertaking four reasonable and realistic requests in the hope that it would help improve the health-care system for the frontline health-care professionals and the citizens of this province,” Mesheau wrote.

Among the requests in the family’s letter were that Higgs make a public apology and a public commitment to implement three recommendations put forth by the inquest. 

Blaine Higgs speaks to reporters
In a statement last weekend, Premier Blaine Higgs criticized the Mesheau family for naming individual nurses in their lawsuit. (Radio-Canada)

The three recommendations were that staff be equipped with hand-held electronic devices to record patient vitals; that all stakeholders to “collaborate and show ownership in the resolution of the bed-blockage issue;” and that eight recommendations stemming from an internal Horizon review following Mesheau’s death be “fully implemented, funded and staffed.”

Mesheau also asked that a plaque be installed in the waiting room stating Horizon Health’s mandate and that Higgs consider updating the New Brunswick Fatal Accidents Act.

Mesheau said Higgs did respond to the family’s letter, but the response was “vacuous” and didn’t address the concerns the family had put forth.

“Premier Higgs must understand that the best way to garner political gain from this situation is to earn it,” Mesheau said. “And there is an opportunity now to do so.

“Everyone in New Brunswick needs him to turn his focus to the deep, real and measurable positive actions that will improve New Brunswick’s health-care system — those things that will truly benefit our frontline health-care professionals and our citizens.”