The Alberta government and the father of a man who suffered cardiac arrest and permanent brain damage after he was allegedly given a “massive overdose” of a potent sedative at a Winnipeg hospital two years ago are suing the facility, three medical providers and two Manitoba health authorities for negligence.
Zachary Hoogerdyk’s father, Edward Hoogerdyk, and the Alberta government are suing the Winnipeg Regional Health Authority and Shared Health, Manitoba’s provincial health authority. They are also suing Concordia Hospital, one doctor and two other medical providers for negligence, the statement of claim filed in the Manitoba Court of King’s Bench last week says.
Zachary, a Calgarian who was 23 at the time, went to Concordia’s urgent care centre with a worsening cold or flu-like symptoms and breathing difficulties during a trip to Winnipeg on March 25, 2024, the lawsuit says.
A doctor diagnosed Hoogerdyk with low oxygen blood levels and Influenza B, later ordering him to be intubated and given propofol — a sedative used when a patient is put on a ventilator, the lawsuit says.
Zachary was given a “massive overdose” of propofol that was about 12 to 60 times more than the safe dosage range, the suit alleges.
He went into cardiac arrest shortly after, during which his brain was deprived of oxygen for about seven minutes, resulting in a brain injury that has permanently and “profoundly impaired” his cognition, the lawsuit claims.
“Zachary has not been able to talk or communicate, and never will again,” the suit says.
“He is unable to independently perform the most basic life functions such as eating and personal hygiene, and he requires and will require constant care, supervision and assistance for the rest of his life.”
None of the allegations have been proven in court. Statements of defence have not been filed.
Spokespeople for both the WRHA and Shared Health declined to comment on the lawsuit as it’s before the courts.
Zachary was engaged and to be married, in good health and employed as a journeyman bricklayer when he went to Winnipeg for business purposes and to visit family members the month of the incident, the lawsuit says.
He was sick for about a week before his visit to Concordia, and had been experiencing a worsening cough and sore throat before he developed a fever and shortness of breath, the statement of claim says.
Plans to intubate Zachary were made about three hours after he went to Concordia, as his breathing worsened, and the decision to sedate him with propofol was made alongside that plan, the suit says.
‘Excessive, dangerous and negligent dose’
Zachary was given an infusion pump that distributed 150 milligrams of propofol for every kilogram of his body weight per hour, but the safe range is between 0.6 to 3 milligrams, the suit says.
“This was an extremely excessive, dangerous and negligent dose of propofol,” the statement of claim says.
The identity of the medical provider who ordered Zachary be sedated with propofol is unknown, as the decision was not recorded on his medical chart, contrary to proper practice and procedures, the suit says.
A bottle containing 1,000 milligrams of propofol was connected to the infusion pump, but it’s not known who connected or programmed the pump, and either the entirety or the majority of the bottle flowed into his bloodstream in 23 minutes or less, the suit alleges.
Zachary was successfully intubated after two failed attempts, but his vital signs — including his breathing and blood pressure —- deteriorated quickly soon after, the suit says.
He went into cardiac arrest only 14 minutes after being intubated, the suit says. He was given another 50 milligram dosage of propofol about an hour after he was resuscitated, as well as a dose of 0.3 milligrams per kilogram of his body weight per hour about six minutes after that, the lawsuit says.
He was sent to Health Sciences Centre at his family’s expense, where the lawsuit alleges a combination of the reduced blood flow resulting from his cardiac arrest, and the medications and treatments he was being given to recover from it, interfered with the normal supply of blood and oxygen to his extremities.
He developed gangrene, which led to amputations of his right hand and both legs below the knee, and suffered numerous infections and medical complications, which the suit alleges never would have happened if not for the propofol overdose and cardiac arrest.
Zachary has and continues to suffer “severe and ongoing episodes of agitation, delirium, distress, panic and anxiety” because of his condition, the suit says.
Critical incident review
Zachary’s overdose and cardiac arrest were deemed a critical incident, the suit says, which is when reviews are done after people suffer serious and unintended harm in the health-care system.
Concordia Hospital representatives told Zachary’s family in September 2024 that an error was made while the propofol was being administered to him, and he received the entire 1,000 milligram bottle within “a short period of time.”
Medical staff were primarily responsible for deciding whether to give Zachary propofol, ensuring a proper dosage and flow, as well as communicating and documenting the decision, properly programming the infusion pump and monitoring the medical device, the suit says.
The lawsuit accuses medical staff, Concordia Hospital, the WRHA and Shared Health of negligence and of breaching the standard of care they owed to Zachary.
The hospital and two health authorities failed to ensure doctors and other health-care providers were experienced, properly trained and qualified to sedate, intubate, treat and manage patients like Zachary, the suit says.
His parents have been appointed as his trustees and guardians because he is unable to care for himself and will never live independently again, the suit says.
The suit seeks special damages for emotional and psychological support, as well as the costs of medication, rehabilitation and therapy, continual care, and equipment to help Zachary move around.
His family found no appropriate personal care homes that would either take him in or could provide the intensive care he needs, the suit says.
In February 2025, Zachary was admitted to a personal care home on the condition a family member would be with him daily to provide the care he needs from 8 a.m. to 8:30 p.m., and his father has been unable to work since then, the suit says.
The lawsuit is seeking in-trust awards to compensate for past and future losses of income by Zachary’s parents and other family members who’ve had to care for him, as well as special damages for the costs, expenses and other losses they’ve suffered.
It also seeks general damages for pain, suffering and a loss of enjoyment of life, as well as punitive damages for “a wanton disregard” of Zachary’s well-being and rights.
The Alberta government is seeking compensation for the costs of health services it has provided and will likely continue to provide Zachary since his cardiac arrest.
