Lawyer warns Ontario, Canada government that they may be grossly neligent opening doors for lawsuits

CanLyme has received a copy of a letter, linked at the bottom of this, that was just sent March 11th, 2013 to the Minister of Health, Premier, and Attorney General of Ontario and others

Minister of Health office is ignoring Health Canada’s warning last fall that testing is poor, in that their dept has published guidelines that entrench the very same tests into the Ontario lab system… completely ignoring Health Canada’s warning which came ahead of the Ontario lab guidelines.

Very strong suggestions of gross negligence, bordering on acts of criminality by some individuals perhaps, is what is suggested….

“It is unreasonable in the circumstances and, in the writer’s opinion, constitutes an act of gross negligence. That action shows evidence of a complete disregard for the lives and well-being of those persons who have and who suffer with Lyme disease, as well as those who may not yet experience negative consequences from the two-tiered testing system failures. Indeed, considering that a duty of care arises in the Lyme disease case, the action taken by MOH may even border on criminality, subject to finding evidence of improper or untoward intention. The obvious harm from the flawed two-tiered testing system and the guidelines is that they can jeopardize and threaten the health and safety of Ontarians. That is a foreseeable consequence. It comes from the fact that hundreds of Ontario families (perhaps thousands of other Canadians) because of a failed, “false negative” test have been denied accurate, effective and timely diagnostic and treatment services.”

Perhaps there is merit to his argument considering all of the research out of the PHAC and others across Canada concerning testing missing the diversity of the bacteria we have across Canada and throughout North America.

Tens of thousands of tests over that past 30 years are now in question with huge implications to the health care budgets and people’s lives.  Everything the Lyme advocates (CanLyme and Lyme Disease Association of Ontario) and their experts have been saying for 2 decades have now been shown to be true….
1) current tests miss the diversity of the genus of Lyme bacteria (shown in the early 1990’s) 2) most species within the Lyme genus DO NOT cause a rash. current research on CanLyme 3) chronic Lyme disease is a real and serious entity misdiagnosed as everything but Lyme disease. 4) Lyme is not rare in Canada … but is rarely diagnosed.  See latest PHAC research 80% of Canadians in Lyme infected areas in 7 years.. (we are already there) 5) Lyme is everywhere birds fly.
Chronic disease in Canada grew at the same rate and locations of where Lyme and related organisms spread.  Needs investigation, not denial.
Perhaps court is the only remedy, unless legislators are willing to pass protective legislation like so many US states have now done to protect doctors who refuse to follow flawed instructions from the medical “officials”.

see also, yesterday, New York state legislators, patients and physicians get together to discuss the Lyme pandemic…
http://tbdalliance.org/forum  … Click on box below ‘Tick-Borne Diseases: A Public Health Crisis’
How did it ever get to this?

Our medical system can no longer operate like a closed door good old boys club protected by legislation that allows them to dictate life outcomes while practicing “My way or the highway…. to hell with science, discussion, and ethics” medicine.

 

Read letter

  1. Joy Gould on said:

    It is about time that the citizens of this Country infected with a Tick Bourne Disease come forward and demand immediate action be taken by OUR Government in providing accuracy in laboratory testing for not only Borrellia Burgdorferi (and its many strains) but also the many other co-infections and their many strains that at this time Canadian Laboratories are unable to detect due to outdated testing methods.
    I for one have existed with Lyme Disease for 39 years before receiving a proper diagnosis three years ago. At the age of 12 I was bitten by an infected tick in Cape Breton, NS.
    I don’t need to tell those who are infected with this bacterium the hell you live with on a daily basis.
    Having been misdiagnosed with a variety of labels (CFS, Fibromyalgia, Myofascial Pain Syndrome & Depression) prescribed very toxic, brain altering medications in the treatment for illnesses that I didn’t even have leaves a really bad taste in my mouth.
    The medical profession and especially the Infectious Disease Specialist in this Province failed me as a patient to the tune of 4 decades of my life.
    I wonder what price they would put on 4 decades of their life.
    Losing the opportunity to be a functional member of society, I now sit at the age of 53 totally disabled, living in a Seniors Apartment wondering how I am going to pay my debt and afford a treatment that will offer me some quality of what is left of my life.
    Shame on all of you whom are involved in the continuance of ignoring such a devastating pandemic. YOU NEED TO ACT NOW! YOU SHOULD OF ACTED 30 YEARS AGO

    Sincerely,

  2. Alison on said:

    Two people I know were misdiagnosed for decades – one took two decades and the other 4 decades. My family knows only too well the profoundly cruelty of this illness. I welcome litigation against a government that has actually denied the existence of this illness. The heads of Infectious Disease in hospitals in this country seem unable to diagnose lyme. If you can’t get a diagnosis from them where can you get one in this country.

  3. Perhaps court is the next step to change.
    Seven years is little time for the doctors and those in training to start practicing how to test and treat for Lyme.
    The Government, Physicians and Surgeons and others need to be held accountable.
    The clock is ticking…….

  4. Stephanie Stoneleigh on said:

    My experience is 18 years to diagnosis. I became ill overnight. I was diagnosed about 5 weeks ago. Our retirement savings are now wiped out trying to get a diagnosis and taking treatments for hundreds of other “theory” diagnoses. I was on the Dean’s Honours list as a Mature student at Univ of Waterloo when I became “mysteriously” ill.

  5. Megan on said:

    I am newly diagnosed with Lyme Disease and as so many, could only get a diagnosis through alternative measures. As a citizen and tax payer in Ontario, it is unbelievable that my health care system has failed me. I can only imagine the number of dollars that has gone into all of the referrals and unnecessary testing that I went through before, I took matters into my own hands. I am still trying to wrap my head around why the health care establishment continues to bury their heads in the sand. I feel for those that do not have the means to seek treatment outside of our health care system.

  6. Alison on said:

    In the second world war, we fought nazi. Now we are faced with governments that have decided that people with lyme and coinfections and chronic fatigue syndrome are to be denied normal health care. They are dispensible.

    I have been infected most of my life. i have had cat scans and xrays, emergency visits, appointments,
    appointments and more appointments, and no one ever diagnosed me. I told the rheumatologist
    that other family members have lyme, described my symptoms, and she told me she thought it might be related to the fact that my muscles are flexible. SUCH NONSENSE! She never asked that I be tested for lyme. The information was handed to her on a silver platter and she did not initiate a test.

    I just received negative lyme tests but i think this is exactly what i have. I would love to sue the ontario government if i have a chance.

  7. There are those of us all across this country who have been forced to live in misery for years. Do not let this drag on any further. Start the lawsuit, bring this to the light of day, and do not give these mouth-breathing, arrogant, uncaring politicians the opportunity to wring their hands and roll there eyes as people continue to suffer for their indifference. (Do I sound as angry as I really am?)

  8. Kelly on said:

    Not only is there issue with testing, but doctors need to be aware of the early signs of Lyme disease when it is most treatable. Most people know exactly when they became ill and had a sudden flu like episode, often with terrible headache and neck pain. There needs to be improvement in education of the medical community rather than ignorance and further waste of taxpayers money with appointments with numerous specialists and costly laboratory tests. Unfortunately many of us would not be in this predicament if we were initially diagnosed and prescribed a course of inexpensive antibiotics at the proper time. The government needs to take action.

  9. After suffering for over 20 years I am finally diagnosed. I had to leave my work twice over the past decade and I am now incapable of working. I was diagnosed with Fibromyalgia in 2001. I went through my life savings trying to support myself when I could not work and trying every “snake oil” I could find. I have not been able to find anyone in the Toronto area that can treat me. I feel very lost.

  10. After suffering for over 20 years I am finally diagnosed. I had to leave my work twice over the past decade and I am now incapable of working. I was diagnosed with Fibromyalgia in 2001. I went through my life savings trying to support myself when I could not work and trying every “snake oil” I could find. I have not been able to find anyone in the Toronto area that can treat me. I feel very lost.

  11. Lain on said:

    I would like to see a class action suit against each province and their college of physicians. Set us up on Facebook and lets get organized. I would like to see us garnishee before judgment which is grabbing assets and paying them into court. Remember something… those doctors who were trying to help us had their licenses revoked and they were kicked out of their professions as doctors; and sometimes kicked out of the country. It is time for justice for us whom have suffered like you cannot fathom. P.S. If I donated blood was I spreading Lymes across the country? Who got my blood and did they get sick? Lets organize, the time has come.

  12. How does a person go about doing a class action lawsuit???

    Got sick in April 2005 and didn’t start treatment till Aug 2006, by then it was in my brain…the hell I went through is unbelievable. ..now 2015 after delusioning myself that I was cured…now find myself going through all kinds of issues without answers. ..and being told by doctors that I may never know what truly is causing my pain!!!

    Am done with their lies…want to fight back!!!

  13. Julie cable on said:

    4 years later and we are no further ahead….what is happening??? NOTHING!
    They continue to get away with crimes and malpractice…enough is enough. Let’s SUE!!!

  14. Trish Klinzmann on said:

    I was diagnosed with Lupus in 1991 and have been suffering with everything from retinal damage from Lupus medication to liver, neurological complications and heart disease. I went to a naturopath in 2014 and he had to send my blood to California to get tested. Now the test they will do in Canada is not a definitive test. The one you want is the ” Western Blot” blood test. Actually if you go to the Vet with your dog they will to do the Western Blot test, but no humans were getting these tests. The government denied that Canada has these horrific ticks.
    After months of treatment from my naturopath, I feel so much better and do believe I am cured. On a separate issue I was hospitalized in 2015, the rheumatologist team came in to investigate. As far as they know I have Lupus, after doing the same, Anti nuclear
    anti- body blood tests, that they have been doing for decades were done. Much to their surprise they came in and said, “you don’t have Lupus” We have been trying to find the Dr’s files for you and can not locate them. Really, I said, I had Lyme and have been treated. The rheumatologist snapped her book shut and walked out of the room.
    I welcome litigation against the government and provinces. what is our next step?

    • Terri Smith on said:

      I would also welcome a class action Lawsuit. It seems the only complete way to get any kind of decent treatment is through a Naturopath and that costs a lot of money. I am managing to come up with the $600-$700 per month for my treatments, but it is very tight and stressful. I can’t imagine the suffering people who can’t afford this treatment, must go through. If anything, I would like my expenses returned to me. I would be on board with a lawsuit if there was one.

  15. Chris Peck on said:

    Nova Scotia here.. This illness has nearly destroyed my family since just before my son was born 7 years ago and my wife started to show symptoms. Having to go without being a mother to our kids while they were young has given her such feelings of remorse, anxiety, depression, guilt, failure and she did everything by the book as far as Canadian protocol… she had to quit her job to sleep, struggled to live any kind of ‘normal’ life and even had to give up a great, work from home job due to brain fog. Having only recently being tested for Lyme with a negative result.. of course.. we were not convinced so we opted to spend the money and send her to see Dr. Bela Chheda at the Center for Complex Diseases in Mountainview California, don’t worry, we’re not rich but I also have zero retirement left and no funds for the kids post secondary education. Some world recognized Galaxy and IGenix tests came back to show us what we had suspected, positive for Lyme as well as many coinfections.

    Dr.Horowitcz has my interest now, his book ‘How Do I Get Better’ really helped and his recent findings for a potential cure protocol almost seem too good to be true but we will be looking into them regardless.

    After this hell is over we’re looking into any class action suits we can be a part of. I have 10yrs of medical reports showing the absolute negligence and downright abuse our medical system demonstrated. Our medical system should be held accountable for ignoring the research of world class people, shame on them.

    Life is short, fight hard and take ownership.

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