FORT FRANCES, Ont. -- More than nine years after 76-year-old Hermina Fletcher died in a Fort Frances hospital, the former nurse who altered her medication administration record to steal morphine for her own addiction has been sentenced to two years imprisonment.
Lindsey Coyle, 38, wiped away tears as Justice Pieter Joubert handed down his sentence in a Fort Frances courtroom on Tuesday.
In August 2022, Coyle pleaded guilty to one count of criminal negligence causing death and one count of breaching a probation order.
According to the agreed statement of facts entered into the court record, Coyle was working as a registered practical nurse at La Verendrye Hospital in Fort Frances in January 2015.
Hermina had been admitted to the hospital in December 2014 and was described as critically ill at the time.
A doctor prescribed Hermina morphine. During Coyle’s shift on Jan. 3, 2015, she altered Hermina’s medication administration record, changing her dosage from five milligrams to 10 milligrams in order to steal morphine to feed her own addiction.
The record was not changed back and Hermina was given the increased dosage. She began to lose consciousness during the night of Jan. 4 and died that morning.
A forensic pathologist determined that on the balance of probabilities, Hermina died as a result of acute morphine toxicity.
Coyle admitted to stealing morphine from the hospital for her own personal use and being high while on the job. She was terminated from the hospital on Jan. 28, 2015 and surrendered her nursing licence a year later.
Following an investigation by the Ontario Provincial Police, Coyle was arrested in August 2019 and originally charged with second-degree murder.
During a sentencing hearing held in August 2023, Coyle’s defence counsel, Barry Sinder, called for a three-year suspended sentence, citing her expressions of remorse and her struggles with an addiction at the time.
Crown attorney David Kirk argued a two-year sentence was the only way to achieve denunciation and deterrence for such actions.
Joubert agreed with the Crown’s submission, sentencing Coyle to two years in custody.
“I have come to the conclusion that it is not appropriate to sentence Ms. Coyle to a three-year suspended sentence. It would not give effect to the serious consequences of the offence and the aggravating features of this case,” Joubert said.
“It is a terrible thing to sentence a member of the community to imprisonment, but I agree with Crown counsel that there is a heightened moral blameworthiness to this case and other aggravating circumstances, including the vulnerability of the victim and the impact on the family calls for a more serious sentence.”
Joubert did cite the mitigating factors in the case and noted that imprisonment will disrupt Coyle’s life as well as the lives of her children and family.
“It may appear to Ms. Coyle and those who support her that the sentence I am imposing is harsh,” Joubert said.
“I view this sentence to take into consideration the mitigating factors and restorative justice mitigations, as well as the personal circumstances of Ms. Coyle during the proceedings and at present.”
But Joubert added that had it not been for those mitigating factors, the sentence imposed would likely have been even higher.
Melvin Fletcher Jr. and Melissa Fletcher, Hermina's son and granddaughter, said in a statement that the prosecution of Coyle has been a long and difficult journey for the family.
"It has been over nine years since Hermina's death, and four years since Ms. Coyle was criminally charged," the statement reads. "There have been numerous delays, which has contributed to the trauma of our family."
The family expressed appreciation that Joubert recognized the gravity of Coyle's actions and that a term of imprisonment was warranted to serve as denunciation and deterrence.
"We also appreciated hearing in court today that His Honour recognized the broader public and community concerns that this case has raised about the safety of vulnerable persons in our local hospital," the statement reads. "We want to thank the community for their support and concern throughout this difficult ordeal."
The Fletcher family has also filed a civil case against Coyle and has reached out to the Ministry of Health to launch an investigation into Riverside Health Care, which administers La Verendrye Hospital.
Earlier this month, Riverside issued a full page ad in a Fort Frances newspaper, saying allegations made online that hospital officials were aware of Coyle's actions are false. The Fletcher family called the timing and content of the ad 'deeply offensive.'
"Our clients have now repeatedly called for improved clarity around the circumstances surrounding Hermina’s death, and specifically the extent of Ms. Coyle’s professional misconduct," said Doug Judson, counsel for the Fletcher family. "As we have pointed out since August 2022, this criminal proceeding has pointed to the possibility that there were other victims targeted over a longer period of time than Hermina’s hospitalization."
"Instead of providing that clarity, Riverside Health Care – which administers La Verendrye Hospital – has chosen this month to run a weeks-long advertising campaign suggesting that public statements expressing these concerns are without merit, while also declining to specify which public statement are, in their view, false."
Judson went on to say that the Minister of Health denied a request for an investigation last week and said there were already ongoing investigations by police, the coroner, and others.
"Our clients have no knowledge of any such investigations, now almost a decade after Ms. Coyle's employment as a nurse was ended," Judson said.
"It is unclear why neither the Minister of Health or the hospital can simply come out and confirm that, if the care of other patients was impacted, that those patients or their families were notified. The messages we are seeing seem to be directed at controlling liability at the expense of public confidence in local health care."
The Fletcher family's civil case against Coyle remains ongoing but Judson said it is expected to be concluded in early 2024.
On the charge of breaching a probation order, Coyle received a suspended sentence and nine months probation. She will also be required to submit a DNA sample and is subject to a weapons prohibition for 10 years.
Coyle is also to have no contact during her sentence with members of the Fletcher family.
Joubert will release his full written reasons on judgment on Feb. 8, 2024.
