from the National Post, by Joseph Brean, June 23rd, 2009. [NB: this doesn’t fit completely with my own understanding of the case]
TORONTO – The small claims court lawsuit over the controversial 2005 death in infancy of Annie Farlow at Toronto’s Hospital for Sick Children was thrown into confusion yesterday when her parents, citing a “change of position,” dropped their opposition to a full-fledged Superior Court trial, but requested to be immune from any future order to pay the hospital’s costs, and offered to drop the case in exchange for a meeting with top hospital administrators.
Timothy Farlow told Judge Thea Herman that a number of recent events have convinced him and his wife, Barbara, that the systemic problems they believe led to Annie’s death at age three months, after complications from the genetic disorder Trisomy 13, have been largely resolved, and their goal of effecting change has been achieved.
The Farlows are suing Sick Kids and two doctors for $10,000, the maximum small claim, over alleged negligence and malpractice. Sick Kids and the two defendant doctors, pediatrician Dr. Michael Weinstein and critical care specialist Dr. Christopher Parshuram, are not seeking costs from the Farlows over their current motion to elevate the case into Superior Court. But Judge Herman said she is likely powerless to prohibit some future trial judge from ordering the Farlows to pay costs.