Manitoba health agencies ask court to dismiss lawsuit filed over aborted medical flight

Krystal Mousseau died after almost being transferred from Manitoba to Ontario's ICU system. (Source: Karen Mousseau)

Health agencies in Manitoba are asking the court to dismiss a lawsuit filed by the family of a woman who died during the COVID-19 pandemic.

Krystal Mousseau, a 31-year-old mother of two, died in May 2021 after an attempt to fly her from an intensive care unit in Brandon to a hospital in Ottawa was aborted, according to a statement of claim filed by Mousseau's family back in March.

The claim, which was filed in Manitoba's Court of King's Bench, alleges the defendants breached their duty of care to Mousseau.

READ MORE: Family of Manitoba woman who died after aborted medical flight sues province

The claim lists the Government of Manitoba, Shared Health, Prairie Mountain Health Authority, the Brandon Regional Health Centre and Keewatin Air as defendants in the claim.

The Government of Manitoba has filed a motion to strike out the statement of claim against it, saying the claim does not disclose any reasonable cause for action.

Statements of defence were filed in Manitoba's Court of King's Bench back in May.

One statement from Shared Health, Prairie Mountain Health Authority and the Brandon Regional Health Centre denies that they were in breach of any duty or legal obligation owed to Mousseau.

In its own statement of defence, Keewatin Air denied that it breached its duties to Mousseau; rather it alleges the woman's condition was precarious upon their arrival.

In its statement, Keewatin Air said it had all the licensing and approval required by the province and Shared Health to operate an air emergency medical response service. The statement goes on to say Keewatin Air LP employees had appropriate training and experience, and provided appropriate treatment to Mousseau in all of the circumstances.

Keewatin Air, along with Shared Health, Prairie Mountain Health Authority and the Brandon Regional Health Centre are asking the court to dismiss the claim with costs.

The statements of claim and defence have not been tested in court.