Charter fight over liver transplant denials to alcoholics can proceed


spaminator
#1
Charter fight over liver transplant denials to alcoholics can proceed
Canadian Press
Published:
October 24, 2019
Updated:
October 24, 2019 12:46 PM EDT
(Getty Images)
Relatives of two men who were denied liver transplants because of their alcoholism can press their constitutional fight over the hospital’s refusal to perform the surgery, an Ontario court has ruled.
In his ruling, Superior Court Justice Andras Schreck rejected arguments from Toronto-based University Health Network that the charter does not apply to it as a private rather than governmental entity. The charter, Schreck found, may apply in cases where actions of a private entity are related to a specific governmental program or policy.
“This is especially true of cases involving hospitals,” Schreck said. “In these circumstances, it is far from ‘plain and obvious’ that the charter does not apply.”
The now-deceased men, Mark Williams and Mark Selkirk, died from liver disease related to their alcohol consumption. Both were denied potentially life-saving transplants based on their drinking habits.
Under Ontario legislation, the Trillium Gift of Life Network is responsible for fairly rationing scarce organs from dead donors based on need. The agency does not generally allow people with livers damaged by alcohol to receive transplants unless they have been dry for at least six months. The criterion does not apply to liver transplants from living donors.
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Nevertheless, the University Health Network, the only hospital that does live-donor transplants, refused to do the surgery based on the Trillium rules. Williams died in May. Selkirk died in November 2010.
Their estates challenged the constitutional validity of the policy that denied them transplants as a violation of their constitutional rights to life and equality. Selkirk’s estate also argued he was subject to cruel and unusual treatment.
In its motion before Superior Court, the health network argued the case should be thrown out on the basis that it’s a private institution and the charter has no application. Its adoption of Trillium’s transplant criteria did not involve implementation of government policy but was rather an internal policy decision, the hospital network said.
Schreck disagreed. In one case, he said, the courts ruled a hospital’s refusal to provide sign-language interpretation ran afoul of the charter on the basis that hospitals carry out governmental objectives under the Canada Health Act and provincial legislation to provide medical services to the public.
“It is neither plain nor obvious that the provision of a (live-donor) liver transplant is not as much a part of the delivery of health care services as is the provision of sign language interpreters,” Schreck said.
The transplant refusals, the judge also said, appeared to be the result of hospital policy rather than the result of a clinical decision by a doctor.
In a related decision, Schreck refused a motion from Trillium to transfer the case to Divisional Court. The challenge is part of a wider fight that involves the University Health Network’s policy, he said.
“It would not be ‘practical and pragmatic’ to bifurcate the proceedings, nor would it be in the interests of justice to do so,” Schreck said.
There have been several challenges in Canada in recent years to policies that deny transplants to drinkers. After advocacy from Selkirk’s wife, Trillium began a three-year pilot project in 2017 under which some of those people could still receive a new organ.
http://torontosun.com/news/local-new...cs-can-proceed
 
spaminator
#2
MANDEL: Should alcoholics be denied a liver transplant?
Michele Mandel
Published:
October 25, 2019
Updated:
October 25, 2019 9:40 AM EDT
Debra Selkirk and husband Mark (Supplied)
A widow and a grieving mother have been given the green light to pursue their court battle against the University Health Network for denying liver transplants to their loved ones because they were alcoholics.
For widow Debra Selkirk, that means the trial she’s fought for since launching her constitutional case against UHN, the province and Trillium Gift of Life in 2015 should finally get underway next year. “I’m optimistic the judge will decide that barriers against a population that suffers from a disability is not charter-sound,” she says
At its heart are several compelling questions: With available donor organs so scarce, should alcoholics be considered for the surgery if they haven’t been sober for six months — which is the current requirement?
But if a relative or friend is willing to be a live donor, should the six-month sober rule still apply?
And should health-care providers make treatment decisions based on a person’s lifestyle? If so, wouldn’t that same logic mean a gang member with a gunshot wound should be denied life-saving surgery?
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Selkirk believes her husband was a victim of discrimination.
Mark Selkirk was a businessman well known for his fiberglass company that made the moose sculptures that dotted Toronto and were decorated by artists for a street-art project in 2000. Less well known was that he was an alcoholic.
On Nov. 7, 2010, Selkirk was admitted to Toronto General Hospital with acute alcoholic hepatitis. Without a transplant, he would die, but he couldn’t be added to the wait list until he’d been abstinent for six months. When his wife offered to donate a lobe of her liver, she was told the same rule applied.
According to her lawsuit, she was told alcoholics “just waste the organ”,”only drink again” and doctors would not “waste the money on the surgery.”
Her husband wouldn’t live long enough to be alcohol-free for six months. Two weeks later, Selkirk died of multi-organ failure. He was 52 years old.
Alcoholics, she insists, suffer from a disability not of their own making so why aren’t they being treated equally? As well as launching her constitutional challenge, she founded the Selkirk Liver Society with its motto: “Alcohol use disorder: A disease. Not a character flaw.”
The threat of her lawsuit led to Trillium, the government agency responsible for organ and tissue donations, agreeing to launch a three-year pilot project in 2018 that has temporarily ended the six-month sober rule to determine if there’s an “evidence-based basis to change the criteria.”
To be accepted to the pilot program, the patient has to be willing to “commit to alcohol abstinence and alcohol use disorder/relapse prevention treatment” and not have a history of ever refusing treatment.
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Only about 20 alcoholics were accepted to the pilot in its first year, complains Selkirk.
One of those not accepted was Mark Williams.”He was told to stop drinking and he couldn’t,” Selkirk says. He died May 14 at the age of 52.
William’s mother has joined Selkirk’s lawsuit.
UHN, which includes Toronto General, is the only hospital that performs live donor liver transplants. In its motion before Superior Court, UHN unsuccessfully argued it should be dismissed from the case because it’s a private institution and the charter doesn’t apply.
Selkirk is pleased the court saw otherwise, especially when yet another patient at Toronto General has been denied a place on the transplant list because he once failed to follow his doctor’s advice to stop drinking.
“He’s only 29 and they won’t take him,” she says angrily. “How do you punish a 29-year-old like that and just let him die?”
mmandel@postmedia.com
http://torontosun.com/news/local-new...ver-transplant
Last edited by spaminator; Oct 26th, 2019 at 02:12 PM..
 
AnnaEmber
+2 / -1
#3
Alcoholics have a choice of seeking help or not. If they don't why is it upon the rest of society to fix their problems for them, especially if they don't make an effort to quit and are at high risk of ruining their second livers?
Last edited by AnnaEmber; Oct 26th, 2019 at 03:24 PM..
 
petros
#4
How many did Larry Hagman go through?
 
Tecumsehsbones
+1
#5
Quote: Originally Posted by AnnaEmber View Post

Alcoholics have a choice of seeking help or not. If they don't why is it upon the rest of society to fix their problems for them, especially if they don't make an effort to quit and are at high risk of ruining their second livers?

That's the classic slippery slope. Do we start judging organ recipients on their diets, exercise, whether or not they chose a dangerous profession, &c.?

Do they get extra points for being in the so-called caring professions? What about criminal records?

And whom is to be the judge of virtue? PLEASE don't say "the government."
 
AnnaEmber
+1
#6
Quote: Originally Posted by petros View Post

How many did Larry Hagman go through?

I don't know and don't care.
 
spilledthebeer
#7
Quote: Originally Posted by petros View Post

How many did Larry Hagman go through?




Oh that IS NOT RELEVANT since Hagman operated in a USER PAY SYSTEM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


After all - if enough money changes hands - one COULD find a "donor"!!!!!!!!!!!!!!


And it is my understanding that one does not need the entire Liver.....................................


since a Liver is one of the few major organs that can REGENERATE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


So you just need a chunk to get you started!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


The PROBLEM HERE in Canada is people wanting freebies.......................................


to compensate for their own stupidity!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!
 
Danbones
#8
Don't get me started on diabetics who drink...
Diabetes and Alcohol
https://www.webmd.com/diabetes/guide/drinking-alcohol

How ever the government makes biggo buckses off'n the taxes, so watcha gonna do?
Also, then there is johnson and johneson deliberately creating the opium epidemic.

Sackler family members face mass litigation and criminal investigations over opioids crisis
https://www.theguardian.com/us-news/...opioids-crisis

J&J Labeled ‘Kingpin’ of U.S. Opioid Drug Epidemic by Oklahoma
https://www.bloomberg.com/news/artic...ic-by-oklahoma

Johnson & Johnson boosted opioid sales via 'cynical brainwashing', court hears

Drug giant accused of deceptive marketing conspiracy
Civil suit says J&J was ‘kingpin’ of public health emergency
https://www.theguardian.com/us-news/...trial-oklahoma

Shared needles cause hepatitis.

Because many opioid painkillers are combined with acetaminophen, excessive use of these drugs can cause liver damage from acetaminophen toxicity.

Damage to the liver from acetaminophen toxicity is an undeniable risk of taking excessive doses of many prescription painkillers such as Lortab, Norco and Vicodin. Adding alcohol to the mix – as many opiate abusers do – makes an already risky situation worse, as it further decreases the liver’s ability to process the toxic combination of ethanol and acetaminophen.
https://drugabuse.com/featured/the-e...s-on-the-body/


Geez billions there, but noe, pick on the victims of LEGAL booze.

lol
A longtime advocate of diversity and inclusion, Alex has been named one of the “100 Most Inspiring Leaders” by Pharma Voice.
https://en.wikipedia.org/wiki/Alex_Gorsky
Last edited by Danbones; Oct 28th, 2019 at 09:07 AM..
 
spilledthebeer
#9
Quote: Originally Posted by Danbones View Post

Don't get me started on diabetics who drink...

Diabetes and Alcohol
https://www.webmd.com/diabetes/guide/drinking-alcohol

How ever the government makes biggo buckses off'n the taxes, so watcha gonna do?

Also, then there is johnson and johneson deliberately creating the opium epidemic while the CEO also is on the board of a major weapons corp.

Sackler family members face mass litigation and criminal investigations over opioids crisis
https://www.theguardian.com/us-news/...opioids-crisis

J&J Labeled ‘Kingpin’ of U.S. Opioid Drug Epidemic by Oklahoma
https://www.bloomberg.com/news/artic...ic-by-oklahoma

Johnson & Johnson boosted opioid sales via 'cynical brainwashing', court hears

Drug giant accused of deceptive marketing conspiracy
Civil suit says J&J was ‘kingpin’ of public health emergency
https://www.theguardian.com/us-news/...trial-oklahoma

Shared needles cause hepatitis.

Geez billions there, but noe, pick on the victims of LEGAL booze.




Danbones......................THE LUNATIC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Drug addicts MAKE PERSONAL CHOICES.................................


to become addicted!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!


It is not as if news media was HIDING details of drug addiction and danger!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!

 
pgs
+1
#10
Quote: Originally Posted by AnnaEmber View Post

Alcoholics have a choice of seeking help or not. If they don't why is it upon the rest of society to fix their problems for them, especially if they don't make an effort to quit and are at high risk of ruining their second livers?

Young ladies have the choice of crossing their legs or not , I don’t see that is society’s place to pay for her fun .
 
Hoid
#11
Quote: Originally Posted by AnnaEmber View Post

Alcoholics have a choice of seeking help or not.

not really
 
Hoid
#12
Quote: Originally Posted by pgs View Post

Young ladies have the choice of crossing their legs or not , I don’t see that is society’s place to pay for her fun .

not really
 
petros
#13
Everybody is helpless.
 
spilledthebeer
#14
Quote: Originally Posted by pgs View Post

Young ladies have the choice of crossing their legs or not , I don’t see that is society’s place to pay for her fun .








Oh..................you are rather mistaken there.................................


if she aint smart enough to understand the relationship between sex, parenthood and birth control..........................................


DO WE REALLY WANT HER PROCREATING???????????????????????????????????
 
Walter
+1
#15
Those who live in Canada and/or are Canadian citizens are covered by the charter.
 
taxslave
+2
#16
Quote: Originally Posted by pgs View Post

Young ladies have the choice of crossing their legs or not , I don’t see that is society’s place to pay for her fun .

Why should birth control be up to the woman? Men can be fixed as well. If you want to get ****ed then get your nuts cut first.
 
taxslave
+2
#17
All the problems with our socialized earth care and wacky legal system all in one little bundle.
I know a young guy about 25 is going to need a liver soon through no fault of his own. Should he have to wait in line behind a bunch of alcoholics that deliberately destroyed their livers?
 
Walter
#18
Quote: Originally Posted by taxslave View Post

All the problems with our socialized earth care and wacky legal system all in one little bundle.
I know a young guy about 25 is going to need a liver soon through no fault of his own. Should he have to wait in line behind a bunch of alcoholics that deliberately destroyed their livers?

Everyone is covered by the charter. Publicly funded healthcare is a death sentence to many.
 
Hoid
#19
publicly funded health care means life to millions
 
MHz
#20
Make it from a family member for chronic drunks. It isn't like the really rich would find any hurdles about how sober they were as their doner is snatched off the street for a cost of $50.
 
spilledthebeer
#21
Quote: Originally Posted by Tecumsehsbones View Post

That's the classic slippery slope. Do we start judging organ recipients on their diets, exercise, whether or not they chose a dangerous profession, &c.?

Do they get extra points for being in the so-called caring professions? What about criminal records?

And whom is to be the judge of virtue? PLEASE don't say "the government."






IDIOT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


First off - you are a YANKEE and it aint your damned biz to tell us in a foreign country what to do!!!!!!!!!!!!!!!!!!!!!!!!!!!!


The fact that you persist anyway is simply proof of your asshat personality!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


No need to lecture Cdns when 25 percent of YOUR citizens have NO MEDICAL COVERAGE AT ALL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



As for transplanted Livers - NO NEED to WASTE the limited supply on DRUNKEN IDIOTS!!!!!!!!!!!!!!!!!!!!!!!!!!!


BEST USE should govern who gets chosen for one of the few available!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


The SOBER citizen with a genetic defect that needs a transplant remedy will make better use than the drunken idiot!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


The younger citizen will make better use than the SENIOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Hard choices must be made - and IT HELPS to be HONEST about it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


THE ONLY people profiting from this PHONY RIGHTS DEBATE......................................


are the STINKING LAWYERS who have decided it is easier talking about "rights" for drunks.........................


than it is to bother CHASING AMBULANCES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!


What a SHAMELESS IDIOT ARGUMENT LIE-berals present!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!
 
AnnaEmber
#22
Quote: Originally Posted by pgs View Post

Young ladies have the choice of crossing their legs or not , I don’t see that is society’s place to pay for her fun .

Men don't have to keep trying to get between ladies legs either. And in case you are not aware, there are no 100% effective contraceptives.
Also, why should ladies have to chip in for men's prostate surgeries and stuff related to men's reproductive systems?
Get a grip and THINK.
 
AnnaEmber
+1
#23
Quote: Originally Posted by Hoid View Post

not really

Yeah, they do.
 
Hoid
#24
because it isn't a sickness it's a lack of will power
 
AnnaEmber
+3
#25  Top Rated Post
Quote: Originally Posted by Hoid View Post

because it isn't a sickness it's a lack of will power

Willpower is like muscle, the more you exercise it, the stronger it gets.
It just takes a decision or two.
 
Hoid
#26
Quote: Originally Posted by AnnaEmber View Post

Willpower is like muscle, the more you exercise it, the stronger it gets.
It just takes a decision or two.

I don't think you really understand what alcoholism is.
 
AnnaEmber
+2
#27
Quote: Originally Posted by Hoid View Post

I don't think you really understand what alcoholism is.

I don't care what you think.
 
petros
+2
#28
The liquor talks to Hoid.
 
petros
+1
#29
Quote: Originally Posted by AnnaEmber View Post

Men don't have to keep trying to get between ladies legs either. And in case you are not aware, there are no 100% effective contraceptives.
Also, why should ladies have to chip in for men's prostate surgeries and stuff related to men's reproductive systems?
Get a grip and THINK.

Prostate surgery for fun? I don't like the sounds of that
 
Tecumsehsbones
+1
#30
Quote: Originally Posted by spilledthebeer View Post

IDIOT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


First off - you are a YANKEE and it aint your damned biz to tell us in a foreign country what to do!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I didn't tell you what to do. I countered Anna's statment with a series of questions and observations that are of universal applicability when considering issues of the type.
 

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