An Alberta teen’s family is heading to court in an effort to recoup nearly $200,000 they spent on out-of-country surgery after she waited more than two years in Canada’s health care system, claiming their daughters’ constitutional rights were violated.
In 2021, when Vienna Pedatella was 13 years old, she was diagnosed with idiopathic scoliosis, in which her spine was curved like the letter S. Despite inquiring about surgical options, she was told that bracing 23 hours a day for nine months, as well as physical therapy and strength training, were the better options.
“She would try to hide it with baggy shirts and just try to minimize being different,” her mother, Janene Pedatella told Global News.
“The hope was if she wore it compliantly, that when she went through her primary growth spurt that it would sort of help the spine to correct and it wouldn’t get worse — in fact, maybe it might get a little bit better.”
Her condition progressed to the point that she was referred to BC Children’s Hospital to see a specialist, where her and her family were told she had missed the window for a surgical procedure, known as “tethering,” that they believe would not only correct the issue, but allowed Vienna to continue with her active lifestyle. The surgeon told the family that they were too late for that procedure.
“We felt really let down,” her mom said. “I was very very gutted that day because what does that mean for her now? It means fusion if her curve gets worse.”
Vienna was told she would need spinal fusion, connecting two or more vertebrae together using metal rods, screws and bone grafts, which can cause issues with mobility and flexibility for patients. In Vienna’s case, that included 14 levels of vertebrae from the base of her neck, all the way to her lower back, fused.
On top of that, the Pedatellas were told the wait list for surgery was more than two years.
In the meantime, Vienna had another X-ray which showed her spine curve had grown from 40 degrees to nearly 70.
“When we went in May of 2025 and got her scanned and her curve had progressed to 67 degrees, it was like a trigger pulled,” she said. “I said to my husband, we can’t wait anymore.”
“I was in pain the majority of the day,” Vienna said. “I wasn’t getting enough sleep because I’d wake up in pain and then I couldn’t fall back asleep and I couldn’t really stand or walk without being in pain.”
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There were also concerns about her body position restricting her organs, and that the curve could progress even further.
“I thought I was getting better and then we found that it got significantly worse, which was terrifying and I was devastated,” Vienna said.
The family started looking out of country for options and found a doctor at St. Peter’s University Hospital in New Brunswick, N.J., who recommended anterior scoliosis correction (ASC), a procedure similar to the one offered in B.C., without an age restriction, which they believed could preserve Vienna’s mobility and allow her to return to full function.
After speaking with her family doctor and the surgeon, the decision was made to apply to Alberta’s Out-of-country Health Services Regulation for funding to cover the cost of the surgery in the United States.
“We met with the two doctors, and both said Vienna would be an ideal candidate,” Janene said.
The committee denied the request in July 2025.
Despite the decision, Vienna underwent ASC surgery in the United States in August of 2025 and paid the $199,074 hospital bill.
“We had to make a decision about what we were going to do,” Vienna’s mom said. “We bit the bullet and said this is her clearest path to getting her spine corrected and preserving her mobility.
“She would get her scoliosis corrected, preserve her spine, and be recovered while still in the first semester of Grade 12. What else were we supposed to do?”
Vienna quickly returned to full activity including weightlifting and skiing, and she recently graduated high school with honours.
The Pedatellas appealed to an internal review committee but were rejected on the basis that Vienna could have kept waiting in Canada for the spinal fusion surgery. Her case was dismissed in February 2026.
Now, with the help of the Canadian Constitution Foundation, the family has filed a judicial review, in hopes the court will overturn the decision and force the government to reimburse the family for the cost of the surgery.
The Canadian Constitution Foundation (CCF), a national charity dedicated to “defending the constitutionally protected rights and freedoms of Canadians, and to maintaining Canada’s constitution”, is also seeking a ruling that the province violated Vienna’s constitutional rights because of the excessive wait.
“We have a right in Canada under our constitution to life, liberty and security, and forcing patients to suffer in pain as their condition deteriorates because the government system can’t treat them, that engages your constitutional rights,” said Christine Van Geyn, interim executive director of the CCF.
“This, we hope, will serve as a precedent for other governments across Canada to honour their obligations, both their charter responsibilities, their constitutional responsibilities, but also their responsibilities that they have accepted under legislation that guarantees payment for out-of-service care when the government system fails.”
Global News reached out to the Ministry of Primary and Preventative Health Services, who said in a statement that they could not comment on the specific case because it was before the courts and involved the personal health information of an individual.
The ministry added that they recognize how difficult these situations are for families, “that’s why requests for out-of-country health care funding are decided by the Out-of-Country Health Services Committee, which is made up of physicians and medical experts, not government.”
The spokesperson also said that “treatments that are experimental, emerging, provided through a clinical trial or delivered as part of a research study are not eligible because they are still being evaluated for safety and effectiveness.”
Court documents obtained by Global News state that Vienna’s doctor provided information to prove that the ASC surgery is not “experimental”.
“We’re not talking about something that is experimental,” Janene told Global News. “We already do this procedure; we just don’t have anyone (in Canada) yet that has learned the technique to install multiple tethers and be able to treat any age of scoliosis.”
Vienna is doing well.
She was able to return to her active lifestyle and is hopeful to one day be a nurse, like the ones who cared for her while she was going through this.
While the family knows they may never be reimbursed for the surgery, they said it’s about so much more than just Vienna’s experience.
“I think I went from hiding it a lot to wanting to tell my story and hopefully help other people,” Vienna said.
“This is the safety valve program,” her mom added. “It exists for when you’ve waited too long and it exists for when you have a recommended standard of care, surgical option.
“What about the other Canadian kids who are on the wait list who are not getting access to the surgeries they need?”
The provincial government said it is reviewing the out-of-country health services program to ensure it “continues to meet the needs of Albertans as patient needs, medical knowledge and treatment options evolve,” adding that the review, “will help us determine what changes are needed to better support patients while maintaining a consistent, independent and expert-led approach to decision-making.”
The family expects the judicial review to go before the courts in 2027.
It’s amazing the amount of Canadians that think the American healthcare system is better. Rather than looking towards the systems that are better, you look to the worst of the developed world. That’s always been Canada’s biggest flaw – copying America. EVERY bad government system, program, social ideas has come from America and all the good ones are either homegrown or sourced elsewhere.
The Canadian healthcare system sucks, but it should be moving towards Europe or Australia, not America.
And to the person that says healthcare isn’t a human right – move to America then, you selfish, antisocial, disgusting pig.
Hoping they win their case!
Good on ya kiddo. The results look great. I grew up with the same affliction along with a few other things. By 11 years old I was 64 degrees.
At 12 steel rods were “installed” then removed after my growth spurt. They kept my spine from not pretzling but it couldn’t correct it. Not that it was meant too.
I’m an old fella though, I count myself lucky for living in Toronto, so close to sick kids hospital.
It sucks that you guys had to pay outta pocket to speed things along. I’m happy you could though. You won’t miss that money years from now when your watching your Lil girl is strutting her stuff.
Tell us you have money without telling us.
Not sure suing Alberta tax payers is the best way to garner sympathy.
I think their problem is with the first specialist that looked at her condition and suggested waiting like that. We’ve all had a bad doctor/specialist that’s a quack but that seems like genuinely terrible advice. They should try and sue them instead.
Apply for refugee status. You’ll get it that way
From what I remember and I will go back and read the original constitution ALL CANADIANS are entitled to seek medical help out of country IF the surgery is NOT AVAILABLE in this country or is NOT available in a decent amount of time which I believe is what this young lady was not getting. Pay the bill because we all will end up paying EVEN MORE for her health care costs as she ages so wisen up health care department (s).
Whats next?
Healthcare is not a human right.
i would like to know the qualifications of the Canadian Surgeons who delayed treatment in this country and then the qualifications of the committee who denied reimbursement.
Major ethical flaws and the family ought to sue the shocking surgical decisions here
What happened to this girl and family was wrong. Good for them for being able to get the surgery outside Canada. I bet our Alberta government fights them tooth and nail . They would not want to set a precedent by paying for an evidence based procedure. The lack of surgical treatment for scoliosis in Alberta has been a known issue for years. If no one in Alberta can do the procedure unlikely that neurosurgical fellows can get necessary training. The next barrier may be if the procedure requires lengthy OR time.
So many things to comment on, but here are but a few:
-Our health care system is a national and international embarrassment.
-Throwing more money at a moribund system does not work.
-Say what you will about the US system, but it far far superior to ours.
-Canadian citizens should get priority over non citizens.
-Canadians need to rise up and expect better.
Let me correct this article, it’s the province of Alberta’s issue, not Canada. Danielle Smith is who you need to go after
Atlantic provinces , we can’t get the help we see needed as well. Keep hitting dead ends! I would love to know how to help our loved one get the same treatment Vienna finally got!
I would be interested to know how many cases are in favour of the patient vs the Smith government.
I think it’s crazy we can’t pay for a Canadian born girl to have a surgery to give her name quality of life but we are paying for thousands of immigrants entire living including health and dental before they’re even accepted into Canada. This country is a joke.
The healthcare system is not there to help you, it’s there to keep you as quiet as possible until you die and make room for the next taxpayer.
let more across@ roxam road
It is also ridiculous it is taking until 2027 for a judicial review!
headline:
Family sues taxpayers for government mismanagement of taxpayer funded healthcare.
This lawsuit will go nowhere. The courts and the government are the same people you fools
The best place for surgeries is in India (a Google search shows various options). One can get it done for half the price (1/10th for the surgery) including flights and stay through medical tourism. And the experience is 5*. It is better to consult with your insurance company and others through the hospital you can pick and choose.
For those claiming free health care is given to illegals, no. Those who are new here, not citizens yet, have to pay out of pocket for just walking into a walk in clinic. How do I know… it was done right in front of me as the family had to pay right there. So, knock off the false information, easy peasy.
I understand why they went out of country but that was a personal choice and not the responsibility of the government or taxpayers
Take the free health care given to some of the illegals here and give it this family…easy peasy.
My granddaughter also has this condition. She got the surgery because someone ‘backed out’ of the procedure. By the look of the X-Rays her condition was a lot worse. However, this surgery should be done as soon as possible as it only gets worse with time. Bracing 23 hours a day for nine months, as well as physical therapy and strength training, don’t work worth a ‘Shyt’. We know because she had to undergo those useless procedures with no results but the surgery sure helped. It’s shameful that this person had to cover their own medical costs!
Survivability is more important than livability in Canada. You want change? End the government monopoly
Glenn2. “Wait and suffer. The government is doing their best.”
So they chose to go out of country for surgery for mega bucks because of wait time and pain/inability to walk, etc.?? Now they are suing the government??? There are many people of all ages in Canada who are in great pain, on a waiting list for well over 9 months but cannot/would not be able to afford that amount of money. I am one, excruciating hip/back pain, on my walker very little, very little sleep, heart problems, anxiety as with many people. You are suing the government for reimbursement for out of country surgery?!?!?!? You are suing every taxpayer who may or may not be on a waiting list and can’t/won’t afford that kind of green. Unreal!!
This is terrible to hear. I’m glad she’s doing better, but most Canadian families wouldn’t be able to foot such a bill. She’s lucky to have such good parents.
It is obvious our healthcare system is broken. There are many reasons.
I wonder who the people that are defending the system (like Ronald and Lee) vote for? Libs (or worse) all the way is my guess.
Too many immigrants , , so no health care for those who paid for it .
Yes waiting almost 2 yrs for scoliosis surgery for my son too. Still no end in sight..
Of course, Alberta’s UCP government wouldn’t fund the procedure. They’re developing a two-tier medical system with the goal of eventually doing away with the public system in favour of an American private system.
As for the procedure, anterior scoliosis correction is tremendously superior to the older fusion procedure AHS wanted her to wait two years for. Fusion surgery takes longer to heal and removes spinal flexibility. Although fusion surgery is intended to solve the problem for life, it doesn’t always do so. I have a friend who had the fusion surgery when she was young. Because extra stress can fall on the bones just above or below the fusion, over time Adjacent Segment Disease (degeneration of the spinal segments adjacent to the fused vertebrae) can develop. That happened to her. She is now in agony and can walk only a short distance with the help of a walker.
Is there a Go Fund Me set up?
I have carpal tunnel and trigger finger which cause pain every day and was told the waiting list just to get a consult appointment with the specialist is 12-18 months. ridiculous!!
If there wasn’t so many people coming into the country, there wouldn’t such insane wait times, it’s not the provincial government doing it, it’s the federal.
Tfws are down but they opened up another program that functions the same way, the media is a propaganda machine without shame now for the progressive government, and they are not a friend of the people.
Is Marc carney even in Canada?
Our infant mortality is lower, life expectancy higher, and Healthcare outcomes better than US. Canadians also spend less per capita.
Unbelievable. I hear stories about people’s relatives going through similar situations, where doctors delay the problem until the patient cannot get the surgery they need. What’s worse is this girl’s family was told the procedure would have been covered if she had waited just a few more years. How many times had she been told that already and it kept getting pushed back? I bet if she waited it never would have happened. Her family is right to sue, and the powers-that-be should be lucky it’s only for the amount covering the surgery.
Canada’s healthcare system is one of the worst in the world and Alberta is one of the worst in Canada. To make a patient with her condition wait over 2 years for surgery, is terrible. When it comes to medicine, we are a Third World Country….
The problem is that commity is filled with 80 year old doctors who are more concerned about administration than medicine.
So if the operation fails in a year or two because it isn’t a procedure accepted by the majority of the doctors, what then?
How dare they say she should have waited after they told her she was past the point of surgery. Is this a joke. Oh wait it’s Canada’s health care, so yes it’s a joke.
Pay up government, you owe that little girl!
It’s sickening listening to people from around the world, especially the USA, talk about how wondeful Canada’s Healthcare system is. It’s actually quite awful. The waiting times are beyond pathetic. This girl and her family should absolutely be reimbursed for every cent it cost them, and then some.
Unfortunately there is only so much money in the health care system. It is a publicly funded system and the taxpayers are maxed out. For the cost we get mediocre services and this needs to be improved.
Our health care system is great, until it isn’t.
Pay the bill, Alberta.
Not until people realize we’re paying very high rates for some of the worst medical health services in the developed world and the system just can’t work it’s only going to get worse. Adding millions of people who’ve never paid a dime into the system was the final nail.
Healthcare in Canada: Don’t get sick, don’t get injured.
They made the choice to go out of the country.
Why should taxpayers foot the bill for this
I’m happy to hear that the surgery worked!
So if this goes through the courts and she wins that will open up the Alberta taxpayers to pay for every crackpot witchdoctor procedure just because this one procedure is working for a while?