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Nobody in the provincial health department briefed then-new deputy minister of health Don Ferguson about issues surrounding the work of Miramichi Hospital pathologist Dr. Rajgopal Menon.

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Scott Agnew/Daily Gleaner photo

Menon at inquiry - Dr. Rajgopal Menon, the former pathologist whose work is in question, is seen here sitting in on the hearings. He said he felt he needed to be there to hear the discussions, but added he could not discuss the inquiry on the advice of legal counsel. Menon did say he is traveling to and from the proceedings daily from his home in Miramichi and is accompanied for the most part by Annie, his wife of over 40 years. "I need to be here to listen to what is being said," said Menon. When asked about his business in the health care field in Fredericton, Menon said he has handed over day-to-day operations to his son. "I can't concentrate on that. I am concerned with this," he said, adding he prefers to sit quietly and listen.

This fact came to light Wednesday when Ferguson testified at the commission of inquiry into the pathology scandal at the hospital.

The deputy minister of health said he was new to his position at the time and the issues surrounding the former pathologist were not discussed with him during briefings by various groups within the health department.

Timelines, quality control policies and the provincial health department's monitoring practices have been the subject of scrutiny during the ongoing hearings.

Commission of Inquiry Justice Paul S. Creaghan said it surprised him there had been no mention of Menon in the briefings. He said by the time Ferguson was appointed to the position, many questions had already been raised regarding Menon's work and the College of Physicians and Surgeons had suspended his licence.

"I would have thought you would have been right on top of this," queried Creaghan.

Ferguson said he was on the job about a week when he met with the various regional health authorities' chief operating officers and did not recall having any specific conversation at that time about issues in Miramichi.

"I spoke with [MRHA CEO Gary] Foley … We had a number of conversations through the fall, but the issue never came up until Dec. 6, 2007," he said, explaining on that date during a meeting with CEOs, Foley asked if he could discuss a concern in private.

"Following the meeting, we stayed in the boardroom and he told me he had an issue with a pathologist and had hired someone to come in and review his work.

"My first reaction was, ‘My gosh, it sounds like Newfoundland,'" he said, referring to a similar scandal in that province.

After this meeting, Ferguson said, he briefed assistant deputy minister Andre Robichaud and mentioned the issue to health minister Mike Murphy, only to be told a lawsuit had been launched at the hospital that involved Dr. Menon.

"I put a note in my work diary to stay on top of the situation and to follow up in the new year," he said.

Creaghan wondered aloud how the department was not more aware of the issues.

"There was a fair amount of activity going on in 2007," Creaghan said, citing as an example the fact that in late 2007, pathologist Dr. Rosemary Henderson began an independent review of 227 cases previously handled by Menon.

"So none of this comes to attention … okay … go ahead," said Creaghan.

Ferguson said on Feb. 4, 2008, Foley left three or four phone messages early in the day for him, each one a little more pressing than it's predecessor.

"It was at this time that Foley confirmed Henderson had completed her review of the cases and he needed to speak with me."

Prior to this, Ferguson said, Foley had continued to inform him of concerns regarding Menon's absenteeism and tardiness, as well as missing lab tests, but at that point, he had no inkling as to the magnitude of the situation.

"You mean to tell me Foley is telling you of these problems … but this is the first time it became an issue?" asked Creaghan.

Ferguson explained Menon's tardiness had been an issue for years.

"He [Foley] told me he had been trying to get a review of his work done for a while. He had difficulty getting a pathologist and he felt the lawsuit may have scared pathologists away," he said.

After the results of Henderson's review were known, a series of meetings followed that led to exhaustive research into Menon's work and the contacting of various other hospitals where Menon had been employed as a pathologist.

Ferguson said once he had been informed of the situation, Murphy called for immediate action.

In an e-mail to Ferguson, Murphy wrote, "I think we need to meet with the public as soon as possible. I am concerned about waiting, A patient may not be contacted by the family physician for weeks. Meanwhile I sit. If I go public, it expedites the process. Rarely going public asap [sic] backfires. Waiting is fraught with potholes."

The inquiry was set up, a complete review of the College of Physicians and Surgeons was ordered, the RCMP were asked to investigate and a press conference was scheduled for Feb. 11.

Ferguson said a large contingent of health care professionals worked through the weekend leading up to the Feb. 11 press conference to ensure all the information needed to provide the MRHA and the public with the support and the facts were in place.

Creaghan continued to ask why the department had not grasped the gravity of the situation sooner.

"I don't understand. Why wait until Feb 5 … you know something is coming … does that make sense? He asked.

"In hindsight, it doesn't," admitted Ferguson.