N.L. knew of cancer test errors, but didn't tell due to suit

The Newfoundland and Labrador government knew for half a year that more than 300 women did not receive the proper treatment for their breast cancer because of a faulty test, but did not inform the public.

Justice Minister Tom Osborne, who served as health minister at the time he was told of the problem, says he was made aware of the severity of the number of cases in November or December.

Osborne declined to answer why the government sat on the information so long, saying he is constrained due to a current class-action lawsuit against a provincial health authority.
But he denied accusations that the government was putting the concerns of pending litigation ahead of the public interest.

In 2005, more than 2,000 hormone receptor tests dating back to May 1997 were redone after oncologists discovered inconsistent results in breast tumour samples.

According to affidavits filed in February and last week, of 763 patients who were given the tests and are still alive, 317 of them had the wrong results.

The affidavits, which are part of the class-action suit, also state that 176 patients whose tests were originally reported to be negative have since died.

But it is unclear how many of them died as a result of receiving improper treatment based on faulty hormone receptor tests.

The tests are considered crucial in assessing a breast cancer patient's treatment because, if they are found to be estrogen-and/or progesterone-positive, they may respond to hormone therapy such as Tamoxifen.