Doctor denies allegations of racism made by Tataskweyak Cree Nation man in 2024 lawsuit

Edzi'u Loverin · CBC News

· Posted: Mar 20, 2025 6:03 PM EDT | Last Updated: 5 minutes ago

A doc successful The Pas has denied allegations of racism successful effect to a suit filed by a Cree antheral who accused the doc of mistaking symptoms of acute appendicitis for a hangover.

Dr. Navrup Aery has asked the Court of King's Bench to disregard the lawsuit successful a connection of defence filed connected March 14 successful Winnipeg. 

Justin Flett, 46, a Tataskweyak Cree Nation member, filed a connection of assertion against Aery connected Dec. 19, 2024, claiming the ER doc told him helium didn't dainty hangovers arsenic helium checked Flett's tummy for crisp abdominal symptom and nausea In January 2023. 

Northern Regional Health Authority and the Winnipeg Regional Health Authority are besides named arsenic defendants successful the lawsuit.

According to a connection of defence, Aery said Flett had reported drinking heavy implicit the erstwhile 2 days earlier appraisal successful hospital, but said helium "did not find the diligent to beryllium intoxicated."

Aery denies allegations of racist comments and negligence, asserting the attraction helium provided was due owed to the results of the examination.

Flett arrived astatine St. Anthony's General Hospital ER successful The Pas connected Jan. 15, 2023 and reported feeling unwell, nauseous and dizzy, the connection of defence says.

He was triaged astatine 7:45 a.m. and was assessed astir an hr aboriginal by Aery, who had had treated him the time earlier for antithetic concern, pain successful 1 of Flett's hands. 

In his connection of defence Aery says Flett demonstrated lone mild discomfort successful the precocious close quadrant of his abdomen during palpitations, denied immoderate fever, chills oregon thorax pain, and did not look successful distress oregon inquire for symptom medication.

Laboratory results from tests ordered to find Flett's information were reassuring, the connection of defence says.

"Based connected the plaintiff's objective presentation, the carnal examination, and the laboratory results, Dr. Aery diagnosed the plaintiff with general, non-emergent abdominal pain," the connection of defence says.

The plaintiff told Aery helium was travelling to Winnipeg that day, according to the connection of defence, and the doc encouraged Flett to travel up with his wide practitioner successful the metropolis and to spell to exigency if his information worsened. 

In Flett's connection of claim, the plaintiff says helium travelled to Winnipeg by autobus astatine astir 11:00 a.m. to question attraction aft helium was discharged by Aery, as determination was nary wherever other to spell successful The Pas for attraction connected a Sunday.

'Damages excessive and excessively remote'

A diagnosis of acute appendicitis was confirmed astatine Seven Oaks Hospital astir 4:00 a.m. successful Winnipeg, requiring urgent surgery, according to the plaintiff's connection of claim. Flett's appendix burst earlier helium could beryllium transferred to Grace Hospital for the operation, starring to an infection.

Aery says helium had nary further engagement oregon cognition of Flett's attraction aft helium near St. Anthony's General Hospital ER successful The Pas, according to the connection of defence, and denies that helium breached immoderate fiduciary work of attraction to the plaintiff.

"Furthermore the plaintiff has failed to plead capable facts to marque retired the indispensable elements of the assertion for breach of fiduciary duty," said the connection of defence.

Aery denies immoderate damages oregon injuries sustained by Flett were a effect of his care, and immoderate injuries oregon damages the plaintiff sustained were not caused by Aery oregon anyone he's liable to nether the law.

The connection of defence says Flett "failed to instrumentality due steps to decently mitigate his losses," and says the suit does not conscionable ineligible threshold required.

"Such damages arsenic pleaded are excessive and excessively remote," the connection of defence says, and the suit should beryllium dismissed, with costs.