Widow’s $1.5M lawsuit against son’s psychiatrists could proceed

Warning: Some readers may find the details in this article disturbing.

A Barrie judge has ruled the widow of a Penetanguishene man murdered by their son in 2019 can re-plead her civil lawsuit claim.

While her son Brad argues his life sentence for murdering his father Bill is cruel and unusual punishment, Anna McKee is suing two psychiatrists who treated or assessed her son. In 2022 Brad McKee was convicted of first-degree murder in the stabbing death of her husband Bill inside their home on February 11, 2019. Anna McKee has blamed the healthcare system for her husband’s death at the hands of her son.

The $1.5 million lawsuit, which was filed 3 years ago argued doctors Gunter Lorberg and Raheel Shahid, were negligent in their duty of care to provide competent medical care to Brad and to warn his parents of the significant risk he posed to their safety.

Court documents reveal Dr. Lorberg worked at Central North Correctional Centre in Penetanguishene and at Ontario Addiction Treatment Centres in Barrie while Dr. Shahid worked at Waypoint Centre for Mental Health Care at the time Brad was being treated or assessed by them.

Justice Cary Boswell ruled earlier this month on a motion to strike the lawsuit concluding the doctors did not owe a duty of care to Brad’s parents to avoid causing harm to them through the negligent care of their son, as alleged.

Anna McKee, through her lawyer Matthew Giesinger argued the psychiatrists were negligent in their treatment of Brad saying the doctors failed to monitor or appropriately prescribe medications to Brad, failed to recognize the severity of his condition, failed to admit him to long-term, in-patient care, and failed to warn them regarding the risk posed by their son.

Justice Boswell determined the doctors did not owe a duty of care to Anna and Bill McKee, with regard to his treatment as it would present a conflict of interest.

“If the defendants were found to have a duty of care to Bradley’s parents, they would be placed in an impossible conflict of interest in making decisions about Bradley’s future care,” said Justice Boswell. “Quite apart from the possibility of intrusion into Bradley’s privacy interests, Bradley’s interests in terms of prescribed medications and courses of treatment may well conflict with his parents’ interests in what medications and courses of treatment he ought to be taking and what course(s) of treatment he ought to be following.”

During his criminal trial, McKee, whom the court heard struggled for more than 10 years with his mental health including severe depression, paranoia, violent episodes and several suicide attempts, did not want to be hospitalized or have the psychiatrists testify; instead believing they along with his parents were conspiring against him and trying to control him.

McKee had been admitted to hospital and released on several occasions in the weeks and months prior to the murder; which his lawyers argue happened because Brad was in a state of psychosis.

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Justice Boswell however allowed Anna McKee to re-plead the case arguing the plaintiff must lay out a specific set of facts and evidence to argue the doctors had a duty to warn Anna and Bill McKee there was clear risk to them, that risk was of serious bodily harm or death and that danger was imminent

The defendants had urged the court not to allow the plaintiff to re-plead.

Justice Boswell concluded the case “is a novel one and the law is not clear on its constituent elements” and that the plaintiff be permitted to amend the claim and “continue to litigate it on its merits.”

The civil lawsuit’s allegations have not been tested in court. It’s unclear whether or when Anna McKee will re-plead the claim. Her lawyer could not be reached for comment.

Brad McKee was sentenced to life in prison with no chance of parole for 25 years; his criminal appeal lawyers argue that mandatory life sentence is cruel and unusual punishment and in violation of his Charter rights arguing Brad McKee was in a diminished state of moral culpability at the time of the murder. That decision by Justice Vanessa Christie in Barrie is expected in early September.