Father Sues Nova Scotia Government Over Son’s Influenza Death While In Custody
Brian Hendershot has filed a lawsuit against Nova Scotia’s attorney general and health authority, alleging negligence caused his son’s death from influenza B while in provincial custody.
Brian Hendershot has launched a legal claim against Nova Scotia’s attorney general and the provincial health authority, asserting that his son, Brandon Hendershot, died of influenza B on April 16 at Dartmouth General Hospital after insufficient health screening and care while detained. Brandon, arrested in Saskatchewan and transferred to the Central Nova Scotia Correctional Facility, faced charges of sexual interference, sexual assault and invitation to sexual touching.
The complaint alleges that correctional staff omitted a health assessment upon arrival and failed to administer needed antibiotics. The province’s Justice Department issued a statement of condolences but declined further comment pending court proceedings, and Nova Scotia Health declined to comment. PATH Legal’s Emma Halpern, representing the family, says the existing death-review committee is inadequate and calls for mandatory inquests into all custody deaths. Justice Minister Scott Armstrong maintains the current system provides the necessary information, though critics argue it lacks transparency.
Why it matters
The case raises concerns about prison medical care and may drive reforms in how custody deaths are investigated.
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