An Ontario family’s allegations against Oakville Trafalgar Memorial Hospital have resulted in a $25-million lawsuit. They are driving action after the tragic loss of their 16-year-old son, Finlay van der Werken. The suit, filed by the family on Emmanuel’s behalf, argues widespread negligence in the treatment he was provided during his hospital visit in early February 2024. They say this negligence caused a completely preventable tragedy.
Finlay van der Werken’s family remembered the 18-year-old as a deeply loving son, a devoted older brother and a true friend. On February 1, he had such a bad migraine that he couldn’t go to school. As his condition deteriorated, his mother, Hazel van der Werken, made the decision to take him to the local hospital for medical assistance. Finlay’s arrival was triaged at the second-highest level, meaning a serious, life-threatening health concern.
Hazel van der Werken stated that Finlay often experienced migraines during illness, a detail that she communicated to the hospital staff. Yet it was only the next morning that he was even seen by an ordered doctor. In response, medical personnel there had diagnosed him with an infection, sepsis and pneumonia. They told the family that he was at high risk of acute deterioration from hypoxia.
And indeed, hospital records show that over the course of that night, Finlay’s oxygen levels were dropping, triggering alarms as well as fear among his family. The problem worsened, requiring him to be intubated. He was subsequently airlifted to SickKids Hospital in Toronto, a global leader in specialized pediatric care. Here, he went to the ICU, but his condition worsened.
“Finlay was crying out in pain a lot, and just kind of looking at me, like get me there somewhere,” Hazel recalled, emphasizing the urgency she felt during her son’s treatment. And she described her concerns in detail and repeatedly requested emergency medical assistance. She adds that it took three hours before Finlay was even seen by a doctor.
At three am I woke up to the sound of my own nervousness. First, they informed me that there was only one doctor on duty, but that another one would be coming in at four. This delay in treatment was critical and ultimately deteriorated Finlay’s organ function. Medical personnel subsequently notified Hazel and her spouse, physician GJ van der Werken, that to pursue ECMO would be useless.
The couple made a heartbreaking choice when they were advised that they may have to unplug Finlay. “We had to make the decision… take Finlay off life support,” Hazel recounted. GJ added that they were left with no alternatives: “Or risk that the situation would escalate even more and he would wake up and die in a lot of pain.”
“In the wake of Finlay’s death, they’ve decided to go public in order to help spark change in the healthcare system so that this doesn’t happen again. “We felt we needed to stand up in place of Finlay and be his voice in the sense of what is it we can do,” Hazel explained.
Meghan Walker, legal counsel representing the van der Werken family, emphasized the importance of timely treatment for conditions like Finlay’s. “The experts are quite clear and unequivocal that this was a treatable condition and had he been treated promptly, there is no doubt in my mind that he would still be here today,” Walker stated. She commented that this discovery is especially heartbreaking for the lost loved one’s family.
Finlay’s father, GJ van der Werken, cherished his son’s memories as he described him as a typical oldest son who took pride in looking after his twin brothers. “He had the tendency to gravitate towards kids that didn’t seem to have any other friends or that seemed to be struggling with school or contact,” GJ said. At the service, his father recalled the warmth with which Finlay made everyone around him feel at home and included.
Hazel shares a heart-wrenching sentiment about her son: “I still hear his laughter.” The impact of losing such a talented, vibrant young man has left a tremendous vacuum in their lives.
The Campbell family has been pursuing justice for Finlay ever since. As much as the public demands accountability, they want to make sure the same thing doesn’t happen again. “If you don’t tell these stories, then how is change brought about?” Hazel asked rhetorically.
The van der Werken family’s tragic ordeal highlights an important issue regarding hospital policy and patient care practices that needs to be addressed. It is their hope that their case helps raise awareness and encourage the changes needed within medical practices to better protect vulnerable patients.
