Sunday, July 06, 2008

Canadian man loses appeal to have govt pay for liver transplant overseas that was denied at home

From The Canadian Press:

TORONTO — An Ontario man has lost another appeal to have the government pay for a life-saving liver transplant in England that doctors refused to perform at home.

Adolfo Flora contracted hepatitis C from a tainted blood transfusion in the 1970s and was diagnosed with liver cancer in 1999.

He was told by several Ontario doctors that he had about six to eight months to live and was not a suitable candidate for a liver transplant.

Flora researched options in other countries and paid about $450,000 to undergo treatment in London, England.

He underwent chemoembolization to treat his tumours and had a section of his brother's liver transplanted into his body.

The Ontario Court of Appeal has denied his appeal for compensation, as did the Divisional Court and the province's Health Services Appeal and Review Board before that.

Ontario Court of Appeal Justice Eleanore Cronk wrote in a decision released Friday that she was "sympathetic to the difficult circumstances and choices that confronted Mr. Flora when his liver cancer was detected."

Cronk said that although his situation was compelling, the case rested on the reasonableness of the decision to not fund his surgery and concluded there was "no basis on which to interfere with the board's decision."

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