$26.8 million civil lawsuit underway in Owen Sound
The courthouse in Owen Sound, Ont., as seen in April 2019. (File)
Tyson Rogerson suffered a traumatic brain injury in December 2007, 16 days after he was born.
His adoptive parents say the Owen Sound hospital he visited, and the physicians and nurses who saw him before his injury, are partly to blame.
Candice Rogerson and David Shade adopted Tyson when he was four-years-old. He had already suffered the traumatic brain injury at that time, which has left him a quadriplegic, blind and requiring 24 hour care.
The injury he sustained came from the hands of his biological mother according to court proceedings, when she was convicted of assault causing bodily harm in September 2009.
But, Rogerson’s guardians believe that the Grey-Bruce Regional Health Care Centre, three physicians and four nurses who all saw Tyson and his biological mother before the horrific assault deserve some of the blame as well.
The lawsuit claims the hospital and health care professionals were negligent and breached the fiduciary duty to refer a child in potential danger to the proper child protection authorities.
The statement of claim in the case alleges that one of the physicians “falsified her records and deliberately misled others about her (non) attempts to involve the CAS [Children’s Aid Society].”
The case is currently being heard at the Owen Sound Courthouse.
Who could potentially be held liable has been decided in a previous civil proceeding, but what damages could be, if found liable, is the focus of the current proceedings.
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