Winnipeg Free Press (Newspaper) - April 30, 2025, Winnipeg, Manitoba
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A WOMAN who had a brain tumour
removed at Health Sciences Centre is
suing after she says hospital staff lost
the tissue sample before it could be
tested for cancer.
Winnipeg lawyers Sadira Garfinkel
and Jason Harvey filed the lawsuit in
the Court of King’s Bench this month
on behalf of the woman, a 35-year-old
full-time caregiver to four young kids.
The statement of claim names the
Winnipeg Regional Health Author-
ity and Shared Health as defendants,
as well as six HSC workers — nurses,
operating room assistants and lab tech-
nicians.
The defendants have yet to respond
with statements of defence.
The woman was diagnosed in 2021
with a frontal brain tumour and sur-
gery was recommended to remove
what was presumed to be a low-grade
— or slow-growing — glioma, which is a
type of brain tumour, the court papers
say. Some gliomas can be cancerous.
“It was understood by the plaintiff
that the… glioma… would be sent to a
laboratory for analysis to determine
the pathology of the sample for the pur-
pose of directing subsequent treatment
plans,” the court filing reads.
She was admitted for neurosurgery
on April 20, 2023, and the tumour was
removed, the documents claim, then
preserved to be sent for testing.
The woman had a difficult recovery
with a “cascade of aggravating symp-
toms and conditions,” but was able to be
discharged the next day.
When following up with the surgeon
a few days later, she claims she learned
the sample was not delivered to the lab
and appeared to have been lost.
“As a result of the loss of the sample,
the plaintiff’s treating surgeon was
unable to provide the plaintiff with a
definitive diagnosis for her condition,”
the lawsuit reads.
“As a result… he was unable to provide
her with a definitive treatment plan as
the treatment plans for various grades
of tumours are markedly different.”
The surgeon advised that without a
definitive diagnosis, the only option
was to wait to see if the tumour grew
back, the suit claims.
Subsequent tests have shown no
evidence of tumour regrowth but the
woman will continue to be tested for the
foreseeable future.
The surgeon advised the woman that
HSC, the WRHA and Shared Health
were investigating the loss of the tissue
sample, the lawsuit says.
The woman’s condition deteriorated
after learning about the loss of the sam-
ple and she has suffered since, including
with sensory issues, sleep problems and
dizzy spells. She has required multiple
trips to the emergency department.
“The plaintiff says that as a further
result of the incident, she was and con-
tinues to be left with uncertainty and
feelings of fear, stress and confusion
in relation to her concerns over the
unknown pathology of the lost sample
and the lack of an appropriate and de-
finitive treatment plan for the foresee-
able future,” the court papers read.
She claims to have continued to suf-
fer pain and dizziness, as well as “sig-
nificant emotional trauma” and has
been unable to return to work.
The lawsuit accuses the WRHA and
Shared Health of breaching their duty
to provide reasonable and prudent care
in hospital, including by failing to en-
sure there were clear and safe proced-
ures and protocols surrounding the col-
lection and testing of samples and that
those protocols were followed.
It alleges the health agencies failed to
quickly realize the sample was lost and
investigate.
The employees, the lawsuit alleges,
failed in their duty to provide a rea-
sonable level of care, including in their
handling of the sample.
The suit seeks monetary damages,
but does not set out a dollar figure.
erik.pindera@freepress.mb.ca
WEDNESDAY APRIL 30, 2025 ● ASSOCIATE EDITOR, NEWS: STACEY THIDRICKSON 204-697-7292 ● CITY.DESK@FREEPRESS.MB.CA ● WINNIPEGFREEPRESS.COM
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SIBLING SPOTTER
Lydia Strutt speeds along on a scooter as brother Harrison Strutt runs alongside while out on a walk with dad Collin and the family
dog in River Heights Monday. Rain was expected overnight with a couple of average days to follow before temperatures are forecasted
to hit the mid- to high-20s on the weekend.
ERIK PINDERA
DEAN PRITCHARD
A MANITOBA man is back in cus-
tody, accused of criminally harassing
a dozen women including a police offi-
cer, starting just one day after he was
released from jail for doing the exact
same thing.
Alexander Beaton, 29, was denied
bail Monday morning following a hear-
ing before provincial court Judge Stacy
Cawley.
“I’ll be frank,” Cawley said. “In my
view, I have no confidence that Mr.
Beaton will comply with any condi-
tions that I impose on him today. I’m
very concerned about public safety. I’m
very concerned about (the safety of) fe-
males, generally.”
In May 2024, Beaton was sentenced
to two years custody after admitting to
criminally harassing and sending pic-
tures of his penis to six women, some
of whom he met at job-assistance agen-
cies.
Court heard Beaton was released
from custody Dec. 3 and within a day
was allegedly reoffending. Over the
course of four months, ending with his
arrest earlier this month, Beaton is al-
leged to have criminally harassed and
sent “indecent communications” to sev-
eral more women, with 12 eventually
making complaints of harassment.
Beaton’s alleged victims include
three women he was previously con-
victed of harassing and two identified
as “justice system participants.”
“This appears to be increasing in
frequency,” Crown attorney Keri An-
derson told Cawley. “What is increas-
ingly disturbing is… the nature of the
messages he is sending” which, in some
instances, include references to pedo-
philia.
One alleged victim reported receiv-
ing unwanted obscene messages from
Beaton beginning in 2021, continuing
until his recent arrest.
“She told him to stop contacting her
and it only seemed to encourage him
further,” Anderson said.
Another woman alleged Beaton had,
until March 2024, sent her unwant-
ed emails and videos every couple
of months for about nine years that
showed him masturbating. At some
point, he allegedly went on to target the
woman’s mother.
Beaton allegedly sent an email pic-
ture of his penis to a group of women
that included a Winnipeg police officer.
Several of the victims alleged Beaton
called them on the phone and could be
heard masturbating. Several messages
allegedly sent by Beaton included ex-
plicit comments disparaging himself
sexually.
The fact that his alleged victims in-
cluded two members of the justice sys-
tem suggested he wanted to be caught,
argued defence lawyer Mark Packulak.
“I don’t think it’s out of line to specu-
late that this may be an individual’s cry
for help,” he said. “These are complain-
ants one would not pick if they were
trying to get away with (it).”
Packulak said Beaton’s actions co-
incided with occasions when he was
abusing drugs and alcohol to numb the
pain of trauma he experienced earlier
in life.
“I think there is reason to believe that
Mr. Beaton does not want this to be a
pattern in his life, he wants the help to
get rid of it,” the lawyer said.
Packulak proposed a bail plan that
would include monitoring Beaton with
an electronic ankle bracelet, a prohibi-
tion on possessing a cellphone or com-
puter and observing an absolute curfew.
Cawley said the conditions provided
her no assurance Beaton would not re-
offend.
dean.pritchard@freepress.mb.ca
Woman accuses hospital staff of losing tumour sample before testing
Man jailed for
harassing women
denied bail,
accused of
starting anew a
day after release
N
EW provincial numbers show 570
Manitobans suffered suspected
drug-related deaths last year, a
grim tally in a province where debate
over a promised supervised consump-
tion site continues as the crisis deepens.
The figures, updated this month,
account for 40 previously unreported
deaths in December. The province also
retroactively updated numbers from
the previous year — raising the count
from 445 to 568 fatalities.
The 2024 total is the highest number
ever recorded in the province.
“It says that we are in a real crisis,
that there is a critical need for more
resources and supports,” Melissa
Chung-Mowat, executive director of the
North Point Douglas Women’s Centre,
told the Free Press.
“When we have toxic drug supply,
that means that people die before they
can even access resources. These are
folks in our community, these are our
neighbours, they are people that really
need the most supports.”
Overdoses are a near-daily occur-
rence in the inner-city neighbourhood,
where Chung-Mowat said seven people
suffered drug poisonings within the
span of a few hours Monday, prompt-
ing community organizations to issue a
drug alert.
The notice warned of a drug with
“chunky white-ish granules” that
caused users to experience seizures
and lose consciousness before they
were revived with the opioid over-
dose-reversing drug naloxone.
Chung-Mowat said her staff are often
forced to intervene in drug poisonings
by administering naloxone, performing
CPR and calling emergency respond-
ers.
She said witnessing an overdose can
have traumatic effects.
“It has a big impact on our com-
munity and it’s really hard to see folks
struggle, to see folks harmed, to see
people pass away,” she said. “It draws
a lot of resources away from the core
resources we provide.”
Without a sanctioned consumption
space, community organizations are
left to shoulder the burden, said Jenny
Henkelman, communications co-ordin-
ator for Sunshine House.
The provincial government is consid-
ering a building at 200 Disraeli Fwy.,
just east of Main Street, as a potential
supervised consumption site. If com-
pleted, it would fulfil an NDP campaign
pledge and become the first of its kind
in Manitoba.
The plan has been met with push-
back from some area residents who ex-
pressed fears it could escalate crime.
The Free Press reached out to the Point
Douglas Residents Committee to dis-
cuss the concerns, but did not hear back
Tuesday.
In an email statement, the province
reiterated its commitment to opening
a supervised consumption site and said
work is ongoing.
“Any death from a drug poisoning is a
tragedy and (there are) one too many in
Manitoba,” wrote Education Minister
Tracy Schmidt on behalf of Addictions
Minister Bernadette Smith, who was
not available.
Record overdoses show ‘we are in a real crisis’
TYLER SEARLE
Community agencies express an urgent need for supports
● OVERDOSES, CONTINUED ON B2
;