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<\/p>\nFinlay van der Werken\u2019s life is now a collection of memories closely guarded by his parents. The 16-year-old is remembered as a loving son, a devoted older brother and a loyal friend.<\/p>\n
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\u201cI still hear his laughter,\u201d his father, GJ van der Werken, said. \u201cFinlay was a typical oldest son. (He was) very responsible, looking after his twin brothers, making friends wherever he went.<\/p>\n
\u201cHe had the tendency to gravitate towards kids that didn\u2019t seem to have any other friends or that seemed to be struggling with school or contact, so he would just embrace them and make them feel welcome.\u201c<\/p>\n
In early February of 2024, a migraine kept Finlay home from school. His mother, Hazel, said this would sometimes happen if Finlay was getting sick.\u00a0 But his condition got worse, and Hazel decided to take him to Oakville<\/a> Trafalgar Memorial Hospital.<\/p>\n Story continues below advertisement<\/p>\n \u201cHe was crying out in pain a lot, and just kind of looking at me, like get me there somewhere,\u201d Hazel said. \u201cYou could tell he didn\u2019t know what was going on, but he knew it was not normal, so I drove as fast as I could.<\/p>\n \u201cWhen I got to the hospital. I just abandoned the car at the doors of ER and we ran in. There was just so many people. The corridors were lined with people. We sat down and Finlay just kept crying out. He never cries out in pain. He would never do that if it wasn\u2019t really an emergency.\u201c<\/p>\n \t\t\t\t\tPhotos provided by Hazel van der Werken.\t\t\t\t <\/p>\n Hazel says he would not see a doctor for hours, despite telling the nurses Finlay was not doing well.<\/p>\n \u201cWhen I went up at three in the morning, they said, well, we only have one doctor, but there\u2019s another one coming in at four. I don\u2019t know where that one doctor was,\u201d Hazel recalled.<\/p>\n Story continues below advertisement<\/p>\n In reviewing the hospital records, Martin and Hillier lawyer, Meghan Walker, said, \u201cFinlay was triaged at almost exactly 10:00. He wasn\u2019t actually seen by a physician until 6:22 in the morning.\u201d<\/p>\n According to the statement of claim about what happened, when he was seen the following morning, the doctor said Finlay \u201cwas experiencing sepsis\/pneumonia with hypoxia and he was at high risk for acute deterioration.\u201d<\/p>\n \t\t\t\t\t \t\t\t\t\tGet weekly health news<\/p>\n Receive the latest medical news and health information delivered to you every Sunday.<\/p>\n His oxygens levels, which the lawyer said hospital records show had been dropping throughout the night, were also a concern.<\/p>\n \u201cI remember just saying to Finlay, like Finlay we\u2019ve got to get, you know, we\u2019re looking at this screen that\u2019s got his oxygen saturation and I\u2019m like, we have to get it up,\u201d Hazel said.<\/p>\n \u201cHis breathing was so shallow by this point, and he said, \u2018I can\u2019t do deep. It hurts too much,\u2019 and I said, you\u2019ve got to try, you got to try.\u201d<\/p>\n Finlay eventually needed to be intubated. The decision was made to transfer him to SickKids hospital in Toronto.\u00a0 But before that could happen, he went into cardiac arrest. The statement of claim said \u201cthe contributing cause of arrest was listed as septic shock, pneumonia.\u201d<\/p>\n \t\t\t\t\tPhotos provided by Hazel van der Werken.\t\t\t\t <\/p>\n Finlay arrived at SickKids and was taken to the ICU. He was in hypotensive shock and placed on ECMO, a life-support system that helps take over a patient\u2019s heart and lung function.<\/p>\n Story continues below advertisement<\/p>\n But staff told Hazel and GJ that Finlay\u2019s organ function was getting worse, and to continue on ECMO was considered \u201cfutile.\u201d<\/p>\n \u201cWe had to make the decision\u2026 take Findlay off life support,\u201d Hazel said through tears.\u00a0 GJ added, \u201cOr risk that the situation would escalate even more and he would wake up and die in a lot of pain.\u201d<\/p>\n After Finlay died, Hazel and GJ say they met with hospital staff to review what happened. \u201cThey didn\u2019t say they were wrong,\u201d Hazel said. \u201cBut they acknowledged that if Finlay had been seen earlier, it could have been a different outcome.\u201c<\/p>\n Global News reached out for comment on this story.<\/p>\n In a written statement, Halton Healthcare officials said, \u201cWe are deeply committed to delivering high-quality, compassionate care to the communities we serve across all three of our hospitals: Milton District Hospital, Oakville Trafalgar Memorial Hospital, and Georgetown Hospital, as well as our community sites.<\/p>\n \n\t\tTrending Now\n\t<\/p>\n \t\t\t<\/p>\n \t\t\t\t\t\t \n\t\t\t\t\tTourism is booming in the Maritimes thanks to both Canadians and Americans\n\t\t\t<\/p>\n \t\t\t<\/a><\/p>\n \t\t\t<\/p>\n \t\t\t\t\t\t \n\t\t\t\t\tU.S. steelmakers say Trump\u2019s tariffs \u2018working,\u2019 want Canada to follow suit\n\t\t\t<\/p>\n \t\t\t<\/a><\/p>\n \u201cLike many hospitals, we are seeing more patients presenting with increasingly complex health conditions and co-morbidities, often requiring longer stays and more intensive care. This places significant demand on our emergency departments, patient flow, bed availability and the patient experience.\u201d<\/p>\n \t\t\t\t\tPhotos provided by Hazel van der Werken.\t\t\t\t <\/p>\n The family has since launched a lawsuit alleging, in part, that the health care team failed to monitor Finlay, have appropriate protocols in place for his treatment, or inform the family of the true nature of his condition.<\/p>\n Story continues below advertisement<\/p>\n Meghan Walker is the lead counsel on the matter.<\/p>\n \u201cThe experts are quite clear and unequivocal that this was a treatable condition and had he been treated promptly, there is no doubt in my mind that he would still be here today, which I think is the hardest thing for my clients to deal with,\u201d Walker said.<\/p>\n \u201cHe was triaged as the second-highest level in triage. The guidelines say that 95 per cent of the time, they should be seen within 15 minutes.\u201d<\/p>\n \n\t\t\tMore on Health The hospital says they are making changes to track data more closely, refining their on-call coverage criteria protocols and other tools and working groups to improve patient flow and communication.<\/p>\n In an update provided July 18, they noted that a \u201cLength of Stay Committee\u201d was launched in fall of 2024 and a \u201cCommand Centre\u201d was opened on July 1, 2025, with the goal of helping improve flow in their emergency departments. Furthermore, Dr. Ian Preyra has been onboarded as the new Vice President of Medical Affairs and Academics, and Dr. Prashant Phalpher is the new Chief of Emergency and Program Medical Director.<\/p>\n But the family wants more awareness so something like this never happens again.<\/p>\n \u201cWe feel that we have been let down and we cannot trust the medical system as it is right now,\u201d GJ said. As a result, the van der Werken family is launching an awareness campaign<\/a> called \u201cFinlay\u2019s Voice<\/a>.\u201d<\/p>\n Story continues below advertisement<\/p>\n \u201cWe felt we needed to stand up in place of Finlay and be his voice in the sense of what is it we can do,\u201d Hazel said. \u201cWe\u2019ve been through this tragedy and we\u2019re still living that every day. We can choose to say nothing, we can choose to be silent\u2026 but if you don\u2019t tell these stories, nobody knows.<\/p>\n \u201cIf you don\u2019t tell the stories, then how is change brought about?\u201d<\/p>\n The family hopes their tragedy can spark renewed efforts to improve deficiencies in the health care system, and is calling on MPPs, the Ministry of Health and local stakeholders to get involved.<\/p>\n Halton Healthcare declined an on-camera interview and by email told Global News they do not comment on individual patient cases or litigation matters.<\/p>\n As of Friday, July 25, Walker said a statement of defence had not been filed.<\/p>\n \t\t\t\t![\"Receive](\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2025\/07\/healthiq.jpg\")
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