A woman from Hanwell, New Brunswick, who visited Horizon’s Dr. Everett Chalmers Regional Hospital’s emergency room on March 22, 2022, and discovered the next day that her fetus had no heartbeat, has reached a settlement in her lawsuit against the health authority, the hospital, and four physicians. Aimee Dunn had alleged negligence in her lawsuit, claiming that the doctors and hospital had failed to provide adequate medical care, as per the court documents filed in March 2024 in the Court of King’s Bench in Fredericton. Dunn, along with the father, Mitchell Waite, had sought compensation for pain and suffering, loss of earnings, and aggravated and punitive damages.
The lawsuit did not proceed to trial but was instead resolved in December with the agreement of all parties involved. Aris Lavranos, the lawyer representing Dunn and Waite, described the resolution as amicable. When asked about the settlement amount, Lavranos chose not to disclose specific financial details but stated that his clients were satisfied with the outcome.
Lavranos, who is both a lawyer and an emergency medicine physician, attributed the loss of the fetus to a combination of factors rather than a single cause. He emphasized that the alleged negligence by the doctors was primarily due to human errors and not malicious intent. Lavranos first became involved in the case after Dunn and Waite approached MacGillivray Law for assistance, where he was working as an articling student at the time. He believed in the merit of Dunn’s case after consulting with other experts.
Dunn, who declined interview requests, reportedly received a plaster cast of her daughter’s feet and hands from the hospital staff following the stillbirth. In August 2022, she expressed her ongoing grief over the loss of her daughter, named Reia, just five weeks before her due date. Dunn also expressed frustration after learning about another patient’s death in the same emergency department, feeling that her concerns had been overlooked.
The case drew attention after the death of Darrell Mesheau, a former diplomat, who passed away in the hospital’s waiting room. Mesheau’s family reached a confidential settlement in their negligence lawsuit against Horizon and two nurses. Dunn decided to share her medical records with CBC News following Mesheau’s death, believing that lessons had not been learned from her own experience.
According to court documents, Dunn was triaged in the emergency room on March 22, 2022, and was not continuously monitored despite reporting severe pain and worries about her fetus. It was only after she experienced a seizure that she was moved to acute care, where an ultrasound revealed no fetal heartbeat. Dunn was subsequently diagnosed with several serious conditions, leading to a caesarean section and the delivery of a stillborn girl on March 23.
Horizon confirmed the conclusion of the lawsuit and declined further comment. Following their loss, Dunn, who worked in housekeeping at the hospital, and Waite, an auto mechanic, contemplated the challenges of pursuing legal action against the Canadian Medical Protective Association due to the associated costs and risks. The association’s annual report for 2024 indicated a high number of resolved legal actions, with the majority resulting in settlements or dismissals. It also highlighted a record compensation payout to patients harmed by negligent care.