A long-standing lawsuit that involved Emma Roche and the Prince Edward Island Health-Care system has reached a settlement. The lawyers at Wagners Law Firm who were representing Emma Roche and her parents reached a confidential settlement with the province of P.E.I. in late 2021.
Emma was only 8 months old in January 2010 when she suffered irreparable brain damage as a result of medical negligence. After showing signs of illness, Emma was brought to the Queen Elizabeth Hospital in Charlottetown where she was diagnosed with fever and upper respiratory infection and discharged. She was later readmitted before going into cardio-respiratory arrest. After being airlifted to Halifax, testing at the IWK Children’s hospital confirmed that she had sustained severe brain injury with limited brain function.
A lawsuit was filed by Emma’s parents in 2011 and the resulting legal battle for compensation due to Emma’s injuries lasted a full 11 years. Unfortunately, the extent of Emma’s injuries was such that she passed away in 2019 and did not live to see the end of the court case brought in her name.
Wagners hopes that the legacy of Emma Roche will be to bring about change in the way that these cases are brought to resolution in Canadian legal systems.
“There has to be a cultural change in the way we bring these very rare but very significant cases to a court of law, so the family can know if they’re going to have the resources to provide the necessary care to their loved one” said Ray Wagner. He added “There should be more access for people who simply can’t afford or can’t find a lawyer who will finance the case or don’t have the resources themselves.”
In the face of unimaginable loss and grief, Emma’s family continued to pursue justice for the injuries she sustained as a result of medical negligence. But a family should not have to battle for 11 years to have their losses recognized and compensated appropriately.
Wagners Law Firm remains committed to the pursuit of justice and restitution for those affected by medical negligence as we continue our efforts to effect meaningful change in the way that these cases are brought before our Canadian courts.
To read or hear more about this case, click on the links below: