Justice R. Paul Belzil of the Alberta Court of Queen's Bench has denied certification of a $529 million class-action suit filed in 2008 against Alberta chiropractor Dr. Gregory Stiles and the Alberta College and Association of Chiropractors (ACAC). Filed by Sandra and David Nette, the suit alleged that a 2007 adjustment by Stiles left her paralyzed. According to a Jan. 15 article in the Edmonton Sun reporting on Justice Belzil's ruling,1 the suit specifically alleged that Dr. Stiles' "prescribed upper-neck adjustments ruptured Sandra's right and left vertebral arteries, which disrupted blood flow to her brain and caused a cascade of strokes, resulting in permanent neurological damage."
The suit claimed that both the chiropractor and ACAC knew that the adjustment was dangerous1-2 and requested $500 million in reparations from all Alberta DCs for "inappropriate and non-beneficial adjustments" on behalf of injured patients since June 1998 and $29 million in personal compensation for the Nettes. The Alberta College and Association of Chiropractors provided a press release to Dynamic Chiropractic on Jan. 21 (excerpted as follows) explaining the rationale behind and significance of Justice Belzil's decision:3
"Justice Belzil found the proposed class action ... to be unworkable on all aspects of the legal test for certification. The decision is significant not only for the ACAC and chiropractors in Alberta, but for all Canadian professional regulatory bodies and the professionals they regulate."
"Most importantly, Justice Belzil determined that it was 'plain and obvious' that the Nettes did not have a 'cause of action' against the ACAC, which means the Nettes had no valid legal basis for suing the ACAC. In coming to this determination, Justice Belzil confirmed that, under the Alberta Health Professions Act, the ACAC's responsibility in governing the chiropractic profession is to the public as a whole and not to any individual patient. He also noted the total absence of any dealings between the ACAC and the Nettes, which might otherwise have given rise to a duty to be mindful of their personal interests."
"Justice Belzil refused to recognize a cause of action in relation to the allegation that the practice of chiropractic is based on a flawed scientific foundation. Citing legal precedent including other cases involving chiropractic institutions (Lewis v Emmanuele and Corvaro v Canadian Memorial Chiropractic College) where the attempt to attack the scientific foundation of chiropractic was unsuccessful, Justice Belzil found that this allegation was 'nothing more than an attempt to resolve a scientific dispute in a court of law and would also amount to an attack on the legislative competence of the province in enacting the HPA.' This decision serves as additional strong support for the principle that courts are not the proper forum to settle scientific disputes."
"Justice Belzil also concluded that the Nettes failed to define a class of people who were similarly affected by any actions of the ACAC, calling their proposed definition 'too vague and thus unworkable.' In a similar vein he denied the existence of any issues that were common to all of the people the Nettes had hoped would fit within that definition, noting the inherent individuality of chiropractic care including the different types and duration of treatment that may be provided, the varying techniques that can be used in providing those treatments, and the individualized information communicated to the patient."
While allegations of chiropractic-caused vertebral artery dissections and resultant strokes are unfortunately nothing new (see top story in this issue), concerned chiropractors may want to review recent findings from the U.S. Bone and Joint Decade 2000-2010 Task Force on Neck Pain and Its Associated Disorders. For more information, read "Neck Pain Task Force Releases Findings."
References
When sports chiropractors first appeared at the Olympic Games in the 1980s, it was alongside individual athletes who had experienced the benefits of chiropractic care in their training and recovery processes at home. Fast forward to Paris 2024, where chiropractic care was available in the polyclinic for all athletes, and the attitude has now evolved to recognize that “every athlete deserves access to sports chiropractic."
It is estimated that 61% of patients with CTS avoid taking surgical options due to postoperative complications and costly surgical procedures. Chiropractic care offers a comprehensive and effective treatment for carpal tunnel syndrome, addressing the condition from multiple angles. Recent studies also have unveiled a game-changing adjunct to chiropractic treatments for CTS: nerve flossing.
Some doctors thrive in a personality-based clinic and have a loyal following no matter what services or equipment they offer, but for most chiropractic offices who are trying to grow and expand, new equipment purchases help us stay relevant and continue to service our client base in the best, most up-to-date manner possible. So, regarding equipment purchasing: should you lease, get a bank loan, or pay cash?
