Brandon woman sues province, RHA for refusing to treat son with alcohol addiction

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This article was published 14/02/2023 (1321 days ago), so information in it may no longer be current.

A Brandon woman is suing the province and Prairie Mountain Health alleging her son died one day after medical staff at Brandon Regional Health Centre denied him treatment for his alcohol addiction.

Ryan Eamer, 46, died Feb. 19, 2021, after his mother Brenda Eamer found him unconscious in his Brandon home.

“The defendant and their employees knew or ought to have known of the deceased’s fragile mental and physical condition requiring hospitalization and full medical care,” lawyers for Brenda Eamer allege in a statement of claim filed in Brandon Court of King’s Bench last week. Eamer is seeking nearly $70,000 in damages.

According to the statement of claim, Ryan Eamer, accompanied by his mother, went to the hospital shortly after 10 a.m., Feb 18, 2021, for help detoxifying from alcohol because he had a history of seizures during past attempts.

Brenda Eamer was not allowed to wait at the hospital due to pandemic restrictions, but was told Ryan would be examined by a doctor. While waiting in the emergency department, he fell to the floor.

“Despite Ryan’s medical records showing he had suffered a traumatic brain injury in the past, he was never seen by a physician to determine what, if any, injuries had resulted from the fall,” alleges the statement of claim.

Medical staff, believing Ryan was still intoxicated, denied him treatment and contacted Brandon police, who held him in custody under the Intoxicated Persons Detention Act.

“Medical records show neither a blood alcohol test, nor an alcohol urine test was performed on Ryan, nor did he ever see a physician” prior to police taking him into custody, says the statement of claim.

Hospital staff told police Ryan was a fall risk, but not that he was at risk of suffering a seizure and did not provide police with his mother’s name as an emergency contact.

Police released him that same afternoon and took him back to the hospital shortly before 4 p.m. Again, medical staff denied treatment, the statement of claim alleges, telling him he could only be admitted if he showed signs of alcohol withdrawal.

A critical incident summary later provided by the hospital said a mark was found on his head during the second visit that had been covered by a hat during his earlier visit. Brenda Eamer alleges in the statement of claim, that her son was also walking with a noticeable limp.

He was not triaged, despite national standards requiring that anyone visiting an emergency department two times in one day be reassessed by medical staff, alleges the statement of claim.

Brenda Eamer took her back to his home. She returned the following day and found him unconscious on the floor. He was taken to hospital and pronounced dead at 3:30 p.m. An autopsy showed he had suffered a major blow to the head that caused swelling to his brain.

After being refused treatment for a second time, he returned home and resumed drinking, “and during his state of intoxication fell once more, striking his head, which caused the brain bleed that caused his death,” the statement of claim alleges.

“The defendants admitted Ryan was a fall risk, it is for that reason they called the Brandon Police Department,” says the statement of claim. “If the defendants had responded appropriately and admitted Ryan when he first asked for help, he would not have died.”

The allegations have not been proven in court. A statement of defence has not been filed.

dean.pritchard@freepress.mb.ca