Dr. Kenneth Leslie

The plaintiff underwent a reverse ileostomy surgery.

In the recovery room, a nurse erroneously administered a large dose of Heparin instead of Voluven.

The plaintiff subsequently suffered massive internal bleeding, compartment syndrome, and required further surgeries.

The trial was bifurcated to determine liability.

The court evaluated expert testimony and concluded that the plaintiffs failed to prove on a balance of probabilities that the Heparin caused the bleeding, as the evidence suggested the bleeding originated from blood vessels that spasmed during surgery and relaxed post-operatively.

The applicant's husband, who had previously survived pancreatic cancer, was involved in a severe motor vehicle accident that left him continuously disabled.

He died six months later from sepsis.

The insurer denied the death benefit, arguing the death was caused by a recurrence of cancer.

The arbitrator found that while cancer likely played a role, the trauma and stress of the accident materially contributed to the death by weakening the deceased's immune system and significantly accelerating his decline.

The applicant was awarded the death benefit and funeral expenses, but her claim for a special award was dismissed because the insurer's initial denial was reasonable given the complex medical evidence.