Friday, October 29, 2010 10:42 PM
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Ken Torbert
What is angioplasty? Balloon angioplasty is a common procedure performed everyday with minimal risk. Using a plastic catheter with a sausage shaped balloon at the tip (which will be used to enlarge
narrowing). The catheter is inserted through the groin and moved
through the body to the area of blockage or “stenosis”. Once the
stenosis is found the balloon is inflated and deflated several times.
This ensures that the vein will now maintain a normal diameter, which
will aid in proper blood flow; the balloon is then deflated and
withdrawn from the body.
Angioplasty … This simple procedure is denied to only one group of Canadians – those carrying the label ‘multiple sclerosis’.
We are denied equal protection of the law of Medicare; we are denied equal benefit under the law of Medicare. We live and die by our label –
‘multiple sclerosis’ – not even a true disease. We live and die by a
word attached to us and used to categorize us as people that are deemed
not to benefit from angioplasty.
AFA is in the process of launching a Legal Challenge, with the goal of making it possible for MS patients to receive the same angioplasty treatment to clear
constricted veins that is available to other Canadians.
http://angioplastyforall.com/
STATEMENT OF PURPOSE
On July 2nd 2010 the organization Angioplasty for All was formed in Toronto Ontario. The purpose of the organization is to fund a legal challenge against the discrimination of Canadians diagnosed with
multiple sclerosis.
Every Canadian diagnosed with MS knows of the recent break-through in the treatment of those with MS. Diagnosis no longer equals destiny. The growing realization among MS sufferers and
their medical specialists is that MS is not some kind of core disease –
it is rather a convenient label that has been attached to a series of
symptoms that science did not seem to know the cause of. Until now
medical treatment for MS sufferers has amounted to treating symptoms,
not knowing how to treat the underlying cause. Medicine did not know the
cause.
The treatments and the research that has taken place in recent years confirm the reality of what was previously only a hope. To put it simply and in summary fashion, MS is no longer a total mystery.
The vascular system draining blood from the brain has been determined to
be the fundamental obstacle at the source of the many and varied things
that MS sufferers have reported about their disability over the years.
It is not as though the idea is new to science and medicine. Angioplasty to relieve blood flow from the brain and / or spinal cord has long been a
technique used by medical specialists. Everyone in Canada enjoys the
benefit of the angioplasty technique when their doctor determines that
it is a way of addressing a medical condition.
People like you and I, people who have been diagnosed with MS, are the only Canadians who are denied the benefit of this treatment. We never thought that
labeling us with the words ‘multiple sclerosis’ would amount to denying
us access to a simple treatment that thousands of Canadians receive in
hospitals every year. If you have a dialysis problem and your doctor
thinks that angioplasty might help – like the rest of Canada – you are
put into surgery and given angioplasty. You don’t pay for it. You aren’t
denied it because you are of limited means. In Canada you rarely have
to wait for it.
This simple procedure is denied to only one group of Canadians – those carrying the label ‘multiple sclerosis’. You and I are denied equal protection of the law of Medicare; you are denied
equal benefit under the law of Medicare. You and I live and die by our
label – ‘multiple sclerosis’ – not even a true disease. We live and die
by a word, attached to us and used to categorize us as people that are
deemed not to benefit from angioplasty.
Angioplasty in our cases, is categorized by the Ontario Ministry of Health as experimental and unproven and therefore to be denied to us. Everyday some of us get
worse and some of us die. The simple procedure has been repeatedly and
categorically demonstrated already - in Ontario is deemed by the
Ministry of Health to be ‘experimental’ and is therefore prohibited.
Doctors now hang up the phone, hospitals - where MS patients are already
gowned for procedure, - suddenly produce their chief of neurosurgery to
advise us to ‘get dressed – we don’t do that procedure here’. No
explanation is given.
Canada doesn’t work like that. Ontario doesn’t work like that. Medicare doesn’t work like that. We are going to try to do something about it.
The sufferers of MS in our organization have retained a lawyer. Edward Conway is an Ontario lawyer, referred to us by Lawrence Greenspon, the renowned Ottawa civil rights
lawyer. Mr. Conway explained to us his significant experience in
representing patients seeking medical treatment.
Mr. Conway tells us that this is not complicated. Litigation is complicated. But the fundamental point of equality under the law and equal protection of
the law is not complicated. It is the spirit of the law and it will be
seen by judges in our case.
We are going to court with the Charter of Rights and Freedoms. Section 15 of the Charter of Rights and Freedoms was once said to be the most powerful and unknown right brought
forward in the law twenty-eight years ago. We plan to make use of it
in this case.
The Ministry of Health has its reasons, invalid as they may be, for denying this treatment to MS patients. Rationing is a way of life in a Medicare system. But the decisions that are made are
not supposed to be made in a way that simply prohibits one group from a
treatment available to all.
Edward Conway has represented MS patients, people with spinal damage, psychiatric disorders, nerve disorders and many other types of people with disabilities over the
years. He has used the Charter on many occasions with successes and
failures. Charter litigation is not easy. There will be numerous
countering legal moves by the parties that become defendants in this
case.
We are aiming at the Ontario Ministry of Health. We are aiming at their determination that the label ‘multiple sclerosis’ amounts to a categorical denial of angioplasty. We are saying this is a
distinction. It is a distinction based on a disability. It is
discrimination. The facts are with us.
In many Charter cases the facts are against the plaintiff. Every Canadian with MS who has followed recent developments, every Canadian with MS who has already received the procedure and can walk, where they couldn’t walk before,
who can stand, where they couldn’t stand before, these people know the
facts are with us. We need to show the facts to the judges and we need
to do it using section 15 of the Charter.
The litigation process needs to be funded. That is a fundamental purpose of our organization. It is estimated that the filing process could cost $10,000 per month.
The plaintiffs in the case will have to retain experts in the field. We
know the experts and we are confident of being able to retain them. We
need to factor in the cost of retaining experts which we estimate
roughly at $5000 for the first couple of months.
We have already raised funds toward the cause. We need your assistance. A corporation was established on July 6th 2010, to make the organization formal and
transparent, to make the fund-raising formal and transparent.
Corporate Name: 7593066 Canada Inc. Head office: 80 Overton Crescent Unit #1 Director: Diana Price Director: Brian Light Director: Tim Donovan
A bank account has been established for the corporation at the Royal Bank of Canada at Don Mills and Lawrence in Toronto, Ontario. If you feel
that you wish to participate and assist this cause we urge you to donate
as soon as possible. The litigation should be commenced immediately if a
result is to be seen as soon as possible.
Please make all cheques or money orders payable to '7593066 Canada Inc.' All donations should be mailed to Diana Price (one of the directors of this
organization) at the address below. Direct deposit can be made at any Royal Bank - However, it must be in "cash" only.
Diana Price 80 Overton Crescent Unit #1 Toronto ON M3B 2V2 dianaprice@rogers.com
Diana will deposit your donation into the corporate account. The corporate account will be used strictly to fund the litigation and for no other
purpose. No expenses or salaries will come from the corporate account. Accounts will be transparent to all donors. The monthly statements
will be posted for the donors to see our progress. As a donor, you
should retain your proof of donation. We do not as of yet have any
tax-free or charitable status.
If funds remain at the end of the litigation, or if costs are awarded to the plaintiff (which is not usual in Charter litigation), the monies will be donated to a charity or
organization having objects and purposes equivalent to our own. If
there are funds remaining after the conclusion of the litigation the
decision as to the donation of the remaining funds shall be taken by the
three-member board of directors, after an extensive canvas and survey
of the donors. We will discuss the candidate-charities and
organizations, their relative closeness to our objects and purposes. A
final decision will be taken by majority vote of the directors and the
final cheque will be issued to the chosen organization.
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