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Supreme Court won't hear SARS nurses' case

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Date: Thursday Dec. 17, 2009 4:13 PM ET

TORONTO — Registered nurses say they are devastated that the Supreme Court of Canada has refused to hear their appeal of an earlier decision that nurses who contracted SARS could not sue the Ontario government.

The Ontario Nurses' Association says the Supreme Court denied their appeal, filed on behalf of 53 nurses who contracted SARS while caring for infected patients in 2003.

The Ontario Court of Appeal ruled last May that Ontario is obliged to protect the public from the spread of communicable diseases, but can't be held financially responsible to people who catch those diseases.

The court said that applies to nurses as well as the public.

Association president Linda Haslam-Stroud says the Supreme Court's refusal today to hear an appeal of that ruling is another blow to the profession.

She says nurses continues to suffer position cuts, heavier workloads and other challenges while simply trying to provide quality care to patients.

"The courts have sent the message to front-line registered nurses who were infected with SARS that their health is unimportant -- they seem to be considered expendable," Haslam-Stroud said in a statement.

"The decision means that government -- which funds health care -- hasn't been held accountable through the courts to ensure that RNs had safe working conditions and safe equipment during SARS. It's mind-boggling."

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