‘Massive dose’ of sedative drug caused heart failure, brain injury to man in Winnipeg hospital: lawsuit

The Alberta government and the father of a man who suffered cardiac arrest and permanent brain damage after allegedly being given a “massive overdose” of a powerful sedative drug at a Winnipeg hospital two years ago are suing the facility, three medical providers and two Manitoba health officials for negligence.

Zachary Hoogerdyk’s father, Edward Hoogerdyk, and the Alberta government are suing the Winnipeg Regional Health Authority and Shared Health, the provincial health authority of Manitoba. They are also suing Concordia Hospital, a doctor and two other medical providers for negligence, a statement of claim filed in the Manitoba Court of King’s Bench last week said.

The lawsuit says Zachary, a Calgarian who was 23 at the time, went to Concordia’s urgent care center with worsening cold or flu-like symptoms and difficulty breathing during a trip to Winnipeg on March 25, 2024.

The lawsuit says a doctor diagnosed Hoogerdyk with low oxygen levels in the blood and influenza B, later ordering him intubated and giving him propofol — a sedative drug used when a patient is placed on a ventilator.

The lawsuit alleges that Zachary was given “massive amounts” of propofol that were approximately 12 to 60 times the safe dosage limit.

The lawsuit claims that he suffered a cardiac arrest shortly thereafter, during which his brain was deprived of oxygen for approximately seven minutes, resulting in a brain injury that permanently and “severely impaired” his cognition.

“Zachary is not able to talk or communicate, and never will be again,” the lawsuit states.

“He is unable to independently perform the most basic life tasks such as feeding and personal hygiene, and will require constant care, supervision and assistance for the rest of his life.”

None of the allegations were proved in court. Statements of defense have not been filed.

Spokespeople for both WRHA and Shared Health declined to comment on the lawsuit because it is before the court.

The lawsuit states that Zachary was engaged and about to be married, was in good health and was employed as a journeyman mason when he traveled to Winnipeg for business purposes and to visit family members in the month of the incident.

The statement of claim said he had been ill for about a week before traveling to Concordia, and was experiencing a severe cough and sore throat before developing a fever and difficulty breathing.

The lawsuit says a plan was made to intubate Zachary about three hours after he went to Concordia, as his breathing was worsening, and the decision to sedate him with propofol was made concurrently with that plan.

‘Excessive, dangerous and negligent dosage’

Zachary was given an infusion pump that delivered 150 milligrams of propofol for each kilogram of his body weight per hour, but the safe range is between 0.6 to 3 milligrams, according to the suit.

“This was an extremely excessive, dangerous and negligent dose of propofol,” the statement of claim said.

The lawsuit states that the identity of the medical provider who ordered Zachary to be sedated with propofol is unknown, because the decision was not recorded on his medical chart, contrary to proper practice and procedures.

The lawsuit alleges that a bottle containing 1,000 milligrams of propofol was attached to an infusion pump, but it is not known who connected or programmed the pump, and all or most of the bottle flowed into his bloodstream in 23 minutes or less.

The suit says Zachary was successfully intubated after two failed attempts, but his vital signs – including his breathing and blood pressure – soon deteriorated.

The suit says he went into cardiac arrest just 14 minutes after intubation. He was given a 50-milligram dose of propofol about an hour after being revived, followed by a 0.3-milligram dose per kilogram of his body weight every hour about six minutes after that, the lawsuit says.

He was flown to the Health Sciences Center at his family’s expense, where the lawsuit alleged that the normal supply of blood and oxygen to his organs had been disrupted due to low blood flow as a result of his cardiac arrest and the medications and treatments he was being given to recover from it.

He developed gangrene, which required the amputation of his right arm and both legs below the knee, and suffered multiple infections and medical complications, which the lawsuit alleges would never have happened if not for the propofol overdose and cardiac arrest.

The lawsuit says Zachary is experiencing “severe and persistent periods of agitation, delirium, distress, panic and anxiety” due to his condition.

critical incident review

The lawsuit says Zachary’s overdose and cardiac arrest were considered a serious incident, which is when the health care system reviews people after they suffer serious and unexpected harm.

Representatives from Concordia Hospital told Zachary’s family in September 2024 that an error was made when he was being given propofol, and they received the entire 1,000 mg bottle “within a short period of time.”

The lawsuit says the medical staff were primarily responsible for deciding whether to give Zachary propofol, ensuring proper dosage and flow, as well as communicating and documenting the decision, properly programming the infusion pump and monitoring medical equipment.

The lawsuit accuses the medical staff, Concordia Hospital, WRHA and Shared Health of negligence and violating the standard of care given to Zachary.

The lawsuit says the hospital and two health officials failed to ensure that doctors and other health care providers were experienced, appropriately trained and qualified to anesthetize, intubate, treat and manage patients like Zachary.

The lawsuit states that his parents have been appointed as his trustees and conservators because he is unable to care for himself and will never be able to live independently again.

The lawsuit seeks special damages for emotional and psychological support, as well as the cost of medication, rehabilitation and therapy, constant care and equipment to help Zachary get around.

The lawsuit says his family could not find a suitable personal care home that could either take him in or provide him with intensive care.

The lawsuit states that in February 2025, Zachary was admitted to a private care home on the condition that a family member would live with him from 8 a.m. to 8:30 p.m. daily to care for him, and that his father has since been unable to work.

The lawsuit is seeking an in-trust award to compensate for the past and future loss of income of Zachary’s parents and other family members who have had to care for him, as well as special damages for costs, expenses and other losses.

It also seeks general damages for pain, suffering and loss of enjoyment of life, as well as punitive damages for “undesirable disregard” for Zachary’s well-being and rights.

The Alberta government is seeking compensation for the cost of the health services it has provided and will likely continue to provide to Zachary since his cardiac arrest.