Houston apologizes following N.S. judge’s ruling in out-of-province surgery cases

Two Nova Scotia women recently won their legal battles against the Department of Health, which had refused to cover out-of-country surgeries to treat their debilitating medical conditions. The judge criticized the mishandling of their cases and ruled that the department violated their rights by denying coverage for the necessary procedures.

Jennifer Brady, a 46-year-old mother of two, has been vocal about her struggles with lymphedema, a condition that causes painful swelling. After the province refused to pay for a further operation to alleviate her symptoms, she even applied for medically assisted death. However, with the recent ruling by Nova Scotia Supreme Court Justice Timothy Gabriel, Brady expressed relief and hope that the province will now cover the treatment she desperately needs.

In his decision, Gabriel described the situation faced by Brady and another woman, Crystal Ellingsen, as “Kafkaesque.” Both women required surgeries that were only available outside the province, but were denied coverage because there were no specialists in Nova Scotia who could refer them for the procedures.

The Nova Scotia government spent two years fighting the women’s judicial review in court, but Progressive Conservative Leader Tim Houston publicly apologized to them on Friday. The province will not appeal the decision, and Houston announced that the Department of Health will reimburse the women for all expenses incurred for travel, treatment, and legal costs, including interest. Further treatment for Brady will also be funded.

Brady’s lymphedema requires her to spend up to five hours a day on a machine to move fluid through her legs, while Ellingsen suffers from lipedema, a condition where diseased tissue builds up in her arms and legs. Both women had to seek treatment abroad, with Brady remortgaging her home to undergo surgery in Japan and Ellingsen seeking treatment in Germany.

Despite the challenges they faced, both women persisted in seeking the care they needed. They had to navigate a system that required a referral from a specialist in Nova Scotia, even though such specialists did not exist in the province. Despite efforts to appeal the decisions, their requests were denied by the Department of Health.

Houston, who has made health care a central focus of his re-election campaign, expressed sympathy for Brady’s situation and acknowledged the reliance on physicians to make decisions regarding out-of-province services. Brady, in turn, emphasized the importance of advocacy and standing up for one’s rights when it comes to healthcare.

The recent ruling in favor of Brady and Ellingsen serves as a reminder of the importance of holding government accountable and demanding the care and support that individuals deserve. Brady hopes that by sharing her story, others will be inspired to advocate for themselves and not give up in the face of bureaucratic challenges.