Quadruple amputee's award includes over $3 million for costs of prosthetics
In a recent medical malpractice case, the Alberta Court of King’s Bench awarded total damages of $15,671,272 for the patient; $646,025 for her mother; and $474,314.93 for the Crown’s past health services to the patient.
Neinstein LLP expressed pride in assisting the quadruple amputee and her family with obtaining “a landmark $17 million award in one of the largest medical malpractice cases in Canadian history.”
“After more than 12 years of dedicated advocacy, our team represented K.B. and her family in their pursuit of justice following a devastating medical error in 2011,” the Toronto-based personal injury firm said in a LinkedIn post.
On Feb. 19, 2011, DB took her 11-month-old daughter KB to the emergency room at the Queen Elizabeth II hospital in Grande Prairie, Alberta. KB displayed respiratory illness signs. She received a respiratory syncytial virus (RSV) diagnosis and admission to the hospital.
By Feb. 22, 2011, KB had an advancing bacterial lung infection resulting in septic shock, which prompted her transfer via helicopter to the Stollery Children’s Hospital. Staff diagnosed her with bronchial pneumonia and used intubation and other life support measures.
Despite these efforts, the sepsis had limited blood flow to KB’s extremities and caused severe limb ischemia and other catastrophic impacts. On Mar. 28, 2011, she had surgeries for her left leg’s below-knee amputation, her right leg’s above-knee amputation, her right hand’s amputation, and amputations of her left hand’s second, third, fourth, and fifth fingers.
KB went through lengthy and painful medical treatment, which led to narcotic withdrawal. On Apr. 20, 2011, she was transferred to the Glenrose Rehabilitation Hospital for physiotherapy, occupational therapy, and prosthetic care. She was released that August.
The Alberta court noted that KB’s injuries led to permanent disabilities, serious functional gaps, and multiple surgeries, procedures, and rehabilitation courses.
Her injuries delayed her infant and toddler milestones. At 21 months old, she could stand for 10 seconds. At two and a half years old, she could walk with prostheses for four hours daily. However, her injuries continued to affect most areas of her life.
The plaintiffs alleged that the defendants – KB’s attending physicians from Feb. 19 to 22, 2011 – fell short of the required standard of care during her hospitalization and ultimately contributed to her injuries.
Liability decision
In KB v Guhle, 2025 ABKB 472, the Court of King’s Bench of Alberta determined that the three defendant doctors owed KB a duty of care.
First was Dr. AB, a family physician. He started treating KB on Feb. 19. He ordered blood tests, a nose swab, and a chest X-ray before KB’s admission to the hospital’s pediatric ward. He provisionally diagnosed her with acute bronchiolitis and referred her to Dr. JP for a consultation.
The court accepted that Dr. AB failed to chart bacterial infection in his differential diagnosis. However, the court ruled that he met his standard of care. Even if he did not, the court saw no significant causal link to KB’s injuries, given the other two doctors’ intervening treatment.
Second was Dr. JP, a pediatrician. He conducted a respiratory examination of KB on Feb. 20 and checked her on Feb. 21. He suggested medications and left Dr. MG to manage her continued care. Neither Dr. JP nor Dr. MG reviewed her Feb. 19 X-ray.
The court held that Dr. JP breached his standard of care on Feb. 22 between 6:30 and 8:00 a.m. by failing to fulfill his duty to treat or take sufficient steps. The court said he should have ordered IV antibiotics and informed Dr. MG of his concerns that KB likely had a bacterial infection. However, given the timing of Dr. JP’s breach, the court could not find that his failure led to injury.
Third was Dr. MG, a family physician who became KB’s “most responsible doctor” upon her admission to the children’s ward. He first saw her on Feb. 20, did a clinical assessment, and diagnosed her with bronchiolitis.
The court acknowledged that Dr. MG correctly ordered further blood testing on Feb. 21. However, the court deemed him liable for KB’s injuries based on his breaches of the standard of care, which led to the progression of her bacterial infection, its severe complications, and her amputations.
The court said Dr. MG should have recognized the heightened risk of an infection after receiving the blood test results by 5:30 p.m. on Feb. 21, and should have taken further steps, including beginning antibiotics while other follow-up testing was ongoing.
“This decision reinforces a critical principle: patients in rural hospitals deserve the same standard of diagnostic care and urgency as those in urban centres, especially when it comes to pediatric emergencies,” Neinstein said in its LinkedIn post.
Damages award
The parties agreed to the quantification of the costs for KB’s accessible housing. In KB v Guhle, 2025 ABKB 474, the Alberta Court of King’s Bench awarded total damages of $15,671,272 for KB; $646,025 for DB; and $474,314.93 for the Crown’s past health services to KB.
The court noted that some items in its damages award were subject to pre-judgment interest (PJI) or the 1.1 percent RRI factor.
KB’s damages award comprised:
- Non-pecuniary general damages: $426,721 + PJI
- Past prosthetic costs: $445,863 + PJI
- Future care costs for prosthetics: $2,811,480 * RRI
- Future care costs for equipment: $1,029,194 * RRI
- Support workers: $9,618,408 * RRI
- Therapy: $523,330 * RRI
- Home maintenance and modifications: $113,808.40 * RRI
- Lost future income: $702,468 * RRI
“We’re grateful to our client and their immense strength and trust throughout this journey, and to our lead counsel, Partner Stacy Koumarelas, for her tireless advocacy, and to the full trial team, Duncan Embury, Daniela M. Pacheco, Nicholas Sampson and Lianna Woollard,” said Neinstein’s LinkedIn post.
