Brandon family seeks damages from care home, health region following 2017 death

A Brandon man whose wife died following a short stay at a personal care home in the western Manitoba city is now suing the care home as well as the health authority that runs it, alleging the facility's staff didn't properly care for her.

Sharen Davis died on Oct. 29, 2017. The 66-year-old mother of two suffered from vascular dementia and required around-the-clock care. She spent 25 days at Brandon's Fairview Personal Care Home.

Her husband Hugh told CBC News in July that his wife was relatively healthy and in good spirits when he dropped her off at the facility in September 2017 for a short respite stay, ahead of a trip he had planned.

But when she returned home Oct. 3, he said she was noticeably uncomfortable and had sores on her body.

She was later diagnosed with a urinary tract infection, kidney failure and Klebsiella pneumonia, an infection most often picked up in personal care homes or hospitals. Sharen was placed in palliative care and died 17 days later.

In the statement of claim, Davis, along with several family members, allege care home staff did not change or bathe Sharen regularly, which caused an infection and, ultimately, her death.

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"As a result of Fairview's conduct, Hugh was unable to mourn Sharen properly and was required to fill out a complaint with Prairie Mountain Health, to be in contact with the people in charge of the investigation to ensure the investigation was done properly, tell and retell the events that lead to Sharen's death, and relive the tragedy recurrently," the statement of claim read.

Changes made following death

In an email, a spokesperson for Prairie Mountain Health said the health authority would not comment on the statement of claim as it is before the courts.

However, Prairie Mountain Healthtold CBC News in July that three issues were identified and addressed at the care home following Sharen's death, related to patient record-keeping, care assignments and documentation.

The health authorityhas not yet filed a statement of defence and none of the allegations in Davis's claim have been tested in court.

The Davis family alleges the care home and health region breached its duty to properly care for Sharen, saying she wasn't bathed as often as she should have been and that her clothes and diapers were not changed as needed and that staff didn't consult with a doctor often enough or have her examined when she became ill.

Complaint filed

Davis filed a complaint with Protection of Persons in Care Office (PPCO), which is tasked with reporting, investigating and resolving allegations of abuse in personal care homes.

A CBC News investigation in July revealed Davis' complaint was just one of the 170 ongoing investigations at the PPCO.The office was still reviewing almost three-quarters of the investigations it had opened in the past three years.

A further 19 cases were closed in the past three months and now there are 151 ongoing investigations, according to current figures provided by the provincial health department last week.

Manitoba Health Minister Cameron Friesen said the length it takes to complete an investigation has been increasing over the past decade, citing the complexities of the investigations and a higher standard for the investigations.

The Davis family is seeking aggravated and punitive damages, as well as costs, from the health region.

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