Call from lawyer

Hi everyone, I spoke to Mr. Lemer regarding a class action lawsuit today. Yes, he actually called me!! No form letters. Basically it boils down to money. He could look into all this for between $50,000 - $100,000. He can't do pro-bono work right now because he has done so much he needs to pay the rent. He says we may or may not have a case. He thinks it boils down to budgetary constraints. I thanked him graciously and let him know I would speak to the people involved. If we were in agreeance with the monetary cost not being an issue, I would certainly contact him. Sarah

Hi Sarah, I like that he called you back so quickly. Maybe he thought we had a good case or maybe he was just getting his easy work over with quickly. LOL That's a lot of money...if we each had enough to add up to that amt we could all go to Mexico for our surgery. Okay all cynacism aside, based on his budgetary constraints answer, I don't think he understands that it boils down to our right to obtain sufficient health services which are denied to us because we are only allowed to have one insurer. If I had an insurer that was as bad as MSP I would be paying my health insurance money to a different company. They collect our money but then can't provide us with the health services. I think by him mentioning budgetary constraints he was already coming up with an answer as to why we can't have the health care we are entitled to have. I think we can take MSP and or the province to court based on our Human Right to health liberty etc etc. Just like the case in Quebec in which the Supreme Court of Canada found that the province of Quebec was interfering with the clients Human rights. We might be able to find a very eager law student who could help us with the procedural bits in exchange for letting the student write a paper about us...hmmm just brainstorming but at this moment a law student sounds like a great idea. We can also contact the courts to determine the appropriate court to file a suit in. And of course find out how much it would cost to sue the Province of BC....Anybody ever heard of anyone suing the provincial government. But as to paying this lawyer unfortunately I can't afford to do that. I saw my family dr today and he thinks I should continue to push for this surgery in this province as well as apply for out of country and he is gonna refer me to Dr. Amson's list too. I hope I don't have to actually ever get to the point where I am seeing Amson but it seems prudent at this time, to put an egg in that basket too. Seems like a job for Superman, but one step at a time. I am off to start researching the courts and prior cases against governments. And email MSP to ask what my rights are. tty soon Janice

Hi Janice, He believes that budgetary restraints are affecting the government in doing the surgery. He asked whether this could be done self pay to get up faster on the surgery chain and I told no. There is only 1 Dr. allowed to do the procedure. He also said that if we were able to file against the government or VCH they could over ride the suit and have it dismissed. Money gone, case gone. He also hadn't understood properly that it was bariatric surgery. da! He stated that bariatric or bowel surgery is more complicated then some other procedures. He did say that in the letter you received that they contradicted themselves as far as infastructure, blah, blah. H was quite amused that they were concerned about all the residents of BC. In my opinion we have hit a dead end, unless someone else has other avenues they are willing to proceed with. Forget the petition. The response has only 3 signatures beside mine. I will attend the meeting if for some miracle reason Dr. M. is able to proceed with the surgeries. Sarah

Hi Sarah, Well it does feel kinda disheartening right now. But I would not count a court case out yet. If the guy in quebec who was waiting for knee surgery had a case that went to the supreme court I don't see any reason why we also don't have a case. I also think it might be helpful to go back to our MLA's. They should know where our energies should be concentrated. I still have not heard from the Health Minister's Office nor the Health Critics office. We shall forge ahead..I am a very hopeful person. Hope you have a great day. Janice

Talked to Anne today, here's some more bad news. VGH sent out an internal memo to all surgeons that although they can continue to see patients regarding Bariatric surgery, there is no plans to have it yet. Her words were "bariatric surgery is not immenent." So I think the Dr.M route is finished. I'm making my arrangements now to go down to Mexico and get the surgery done.

Hi Bobby, Thanks for the Dr. M update. I have heard lots of positive stuff about the staff and hospitals in Mexico. Please keep us posted on your journey. Janice

Hi Bobby and colleagues, I had a bad feeling about that. I think it was wishful thinking on their part. That is so depressing. BOO HOO!! I think they should STOP seeing patients regarding bariatric surgery for now until things are more sure. I don't like the fact that patients would continue to get tests done and possible would be getting false hope. I am going to see Dr. M. next month on the 11th of Dec to see if he will sign my out of country application. I am also looking into Mexico as well. I heard great things about Dr. Rambaut. Many colleagues from the support forums had him do the surgery. I also heard that he had the surgery himself so he knows what it feels like. Bobby please keep me posted on Mexico too. If you have time, come to the next support meeting at Lion's Gate Hospital next Tuesday evening so we can chat. If not, please post on here as we can help do the research together on other places. Take care everyone Sim

Hi Sim Where did you get the application for out of country . I am so upset that they are still going to send out false hope to everyone. How cruel can they be. I tell you ,its hard to keep your head up when crap like this is allowed to go on. I better go now before I say the wrong thing. What is this support group at Lions Gate ? Take Care Sharon in Langley

You can get the form from the following link. It must be filled out by a specialist, not your GP. https://www.healthservices.gov.bc.ca/exforms/mspprac/2810fil.pdf Leanne LAP RNY - Dec 16/05 Dr Joya / PV Mexico 274/131/140