Nova Scotia’s premier is apologizing after a court criticized his government for what it calls a flawed, discriminatory and unfair process that led to two women being rejected for coverage of out-of-province treatments.
In a decision released today, Nova Scotia Supreme Court Justice Timothy Gabriel overturned the province’s “unreasonable” refusals to reimburse Jennifer Brady, who has painful lymphedema in her legs, and Crystal Ellingsen, who suffers from lipedema in her legs and arms, for their treatments.
Brady’s condition causes tissue to swell from the accumulation of fluids normally drained through the body’s lymphatic system, and Ellingsen had asked the province to fund surgery to remove diseased tissue, increase her mobility and relieve chronic pain.
In his decision, Gabriel says the province’s review of their cases wasn’t transparent and was replete with errors, and the rejection was unreasonable because “in reality, there was nobody in Canada who could treat either of their conditions.”
The judge ordered the parties to submit potential solutions to him, now that he has quashed the original refusals.
Progressive Conservative Premier Tim Houston, who is seeking re-election on Nov. 26, said in a statement that he agrees the women were mistreated, adding that the province will repay both women for their medical and legal expenses to date and will fund the further treatment that is needed to manage Brady’s ongoing condition.
He said he has also written to the auditor general requesting she do a thorough review of the manner in which the Health Department handles these kinds of requests, and that she commission a review of the province’s system for approving out-of-province treatments.
This report by The Canadian Press was first published Nov. 1, 2024.