Ontario Woman Files $15.4M Lawsuit Over Anaesthetic Application

CANADA: Kimberley Vander Schelde, a woman from London, Ontario, has filed a lawsuit amounting to $15.4 million against three doctors—Dr. Ivan Iglesias, Dr. Sonny Cheng, and Dr. Philip Stamov—accusing them of administering an anaesthetic that resulted in permanent disabilities during a surgery on August 5, 2021. The legal action also involves claims from her husband and three children seeking approximately $2.3 million from the same doctors.

Claims of Unwarranted Anaesthetic Administration

In the statement of claim, Vander Schelde alleges that the doctors, despite her protests, administered the anaesthetic propofol during the surgery, causing permanent harm. The lawsuit accuses the doctors of displaying “arrogance and high-handedness” and a “reckless disregard” for her well-being by exposing her to a substantial risk of harm without justification.

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The lawsuit contends that the doctors were aware, or should have been aware, that Vander Schelde did not consent to propofol and had a documented history of adverse reactions to the drug. Despite this knowledge, they proceeded with the administration of propofol during the surgery, leading to significant cognitive and functional impairments.

The statement of claim details Vander Schelde’s post-surgery condition, including memory impairment, decreased attention, mood disturbances, PTSD, anxiety, depression, chronic stress, dizziness, and impaired balance. The legal document emphasizes that these impairments are a direct result of the alleged administration of propofol.

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Legal Proceedings and Doctors’ Response

As of now, the doctors—Dr. Ivan Iglesias, Dr. Sonny Cheng, and Dr. Philip Stamov—have not filed statements of defence. The statement of claim serves as an assertion of allegations, not yet proven or disproven in court.

Vander Schelde is seeking $1.4 million in damages, $4 million for loss of income and earning potential, and $10 million for the cost of past and future care, aids to daily living, home modifications, and loss of housekeeping ability. Additionally, her husband and three children are seeking damages under the Family Law Act for the loss of Vander Schelde’s care, guidance, and companionship.