Sinclair family vows to continue wrongful death lawsuit

Winnipeg, Ontario (ICC) April 2012
The estate of Brian Sinclair has settled one part of its wrongful death lawsuit against the Winnipeg Regional Health Authority, but this settlement will not dissuade the Sinclairs from seeking answers about why Brian Sinclair was ignored to death in a Manitoba hospital emergency room for 34 hours. The Sinclairs will continue to pursue their claims against WRHA and the Government of Manitoba concerning public nuisance, negligence, breach of privacy, discrimination, and violations of the Charter of Rights.
“No amount of money is going to stop our hunt for answers or our determination to change the system for the better.” said Robert Sinclair, Brian Sinclair’s cousin and spokesperson for the family. “We’re not going away until we get the whole truth and make sure that something like this never happens to anyone else ever again.”
The Fatal Accidents Act requires certain prescribed amounts to be paid to family members for “loss of care, guidance and companionship” in the event of a wrongful death. The $110,000 amount, calculated in accordance with a formula specified in the Fatal Accidents Act, is to be divided among all of Brian Sinclair’s surviving next of kin and will help pay a fraction of the family’s legal expenses.
The payment comes three years after the WRHA announced it accepted responsibility and apologized for Brian Sinclair’s preventable death.
WRHA announced the partial settlement in a press release during February 2012, the same day that the court was hearing motions brought by WRHA and the Government of Manitoba to strike out most of the Sinclair lawsuit. A decision on those motions is pending. WRHA did not consult the family before deciding to publicly release details of the settlement.
For more information, contact:
Vilko Zbogar,
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Robert Sinclair, 204-794-9103