Read Aloud the Text Content

This audio was created by Woord's Text to Speech service by content creators from all around the world.

Text Content or SSML code:

Department of Community Services August 21, 2023 Cox & Palmer Nova Centre - South Tower 1500 - 1625 Grafton Street Halifax, NS B3J 0E8 Dear Mr. Cherry & legal counsel. Re: Amanda Fenton et al v. Cherry; Hfx No. 520130 I am the mother of Ryker Fenton, the deceased non-verbal 11-year-old child. After much thought and consideration I have decided that I no longer desire to continue with this litigation suit against Mr. Cherry, as it has never been about financial gain for my family and I, but for accountability into the wrongful death of my 11-year-old, non-verbal son, Ryker Raymond Louise Fenton, on January 1st 2022, at the IWK ED, three hours after Ryker was discharged without further investigation. I have the legal documents that prove Mr. Cherry signed the discharged papers; therefore, the claims we left against the advice is bogus, and a jury of our peers would most definitely see this with the entirety of Ryker's medical files and with the video that was recorded with the vice president of medical Mr. Sinclair on January 20th, 2022, knowledge, that I currently have in my possession. Furthermore, to your letter Mr. Clarke after you wrote Without Prejudice: "To begin, please accept my sincere condolences to respect in the tragic death of your son Ryker. I am confident that nothing I can say helps with this enormous lost, You and your family have suffered. However, I am very sorry. I am sure that you are aware that the College of Physicians and Surgeons of Nova Scotia dismissed the complaint you lodged against Doctor Cherry. I hope that you have carefully reviewed the committee's decision." At law, Mr. Collins you're fully aware there is a big difference between dismissed and acquitted (including at trial) not guilty or not liable, by a jury, which is not what role the College of Physicians and Surgeons of Nova Scotia play, only a small threshold of folks get their complaint heard after their initial complaint is filed, but if the complaint makes it to the next part, it consist of an investigative committee made up of five (5) folks, four (4) being current active working physicians and only one (1) public servant member, and since I have Mr. Sinclair on video stating "doctors due tend to protect other doctors," please entertain me why this committee does not scream bias and conflict of interest, yet the person who filed the complaint can not file an appeal to a decision at that stage. The system is an ongoing broken cycle that needs to be changed, and I will continue to advocate to improve our health care system for our vulnerable population, like Ryker and their families, and to demand accountability when professionals are negligence-- they should not be protected by CMPA, the association that pays you. Lastly, I would like to address one last thing in your correspondence letter for Mr. Cherry, and that is as follow: "The purpose of my correspondence is to request that you abandon the civil actions against Doctor Cherry. To date, Doctor Cherry has incurred legal costs associated with reviewing the statement of claims and filing a defence. If you agree to abandon the action by way of Consent Dismissal Order and Release, Doctor Cherry well agree to forgo his claims for cost to date. If you reject this offer and decide to proceed with the litigation, you will be subjected to the significant cost claims if Doctor Cherry is successful at some point later in the litigation, including possible trial. Please understand. That as a litigation continues. Dr. Cherry inquires greater cost in relation to his defence. At Law, if he is successful, at some point in the future, he will pursue his cost claim against you for full recovery. Our offer is available for 30 days. Please contact me with respect to your position." I Find it sad that you have attempted to end your correspondence letter by using an intimidation tactic, but please rest assure I am not intimidated by your 30-day deadline offer, nor am I intimidated by your client's threats through you. I was fully prepared mentally and emotionally for the College of Physicians to dismiss the claim because the IWK investigation found five (5) errors that contributed to Ryker's death, and your client was involved in each process of the recommendation that went array. Lastly, it has never been about me filing a civil suit against Mr. Cherry for monetary gain, but to prevent repeated failures in our Acute setting from continue to fail folks who seek medical treatment, but sadly are faced to deal with a catastrophic loss that could have been prevented with proper medical intervention, Ryker could still be here today if your client had ordered further testing. We as Ryker's parents, and his caregivers would never have left if we knew his heart rate was 179 in triage, this was reckless and resulted in Ryker's death; furthermore, many professionals who have worked with Ryker and our family over the years are willing to testify in court, if needed. I will continue to keep Ryker's memory alive by telling his story, his life, what led to his death, and the trauma my family and I have faced after losing Ryker due to the broken health care system in Canada, and the doctors' that have become escape goats for the bigger issue, the institution as a whole. The purpose of filing the complaint with the College of Physicians was to ensure that the chain of events that led to Ryker's death was/is public knowledge, the purpose of filing the civil lawsuit was to further ensure that the public was aware of what happened to my sweet Ryker, at the hands of Mr. Cherry and the other staff at the IWK ED, on January 1st, 2022. As a Social Worker, a former nurse of 15 years, and as a member of society who is tired of systemic failures, I have made it my life mission to advocating for changes by using all the material I have gathered as facts during the investigation and Ryker's medical filed, including videos to verify the facts surrounding Ryker's story. I will agree to abandon only the civil litigation action against Mr. J. Cherry by means of Consent Dismissal Order and Release; however, doing so does not consent to my family and I being silenced on the facts, and what had transpired leading up to, and after Ryker's ultimate death. Our offer is available for 30 days, and your client will be required to cover all cost occurred from filing the Consent Dismissal Order and Release, it is also important to note that none of the plaintiffs will sign, nor will they take part in any non-disclosure agreements with your client, nor yourself as Mr. Cherry's legal counsel. Respectively, Amanda Fenton, BSc, EHSM Hons., BSW, RSW-C Social Worker, Department of Community Services Child and Family Wellbeing – Long Term Child Protection 92 Sherwood Street, Cole Harbour, NS B2V 2R9 [email protected]