An Alberta family is taking the province to court after paying nearly $200,000 out of pocket for spinal surgery in the United States, arguing years-long healthcare delays violated their daughter’s constitutional rights.
Vienna Pedatella was diagnosed with idiopathic scoliosis at age 13 and waited more than two years for surgery in Alberta, well beyond the recommended six-month timeline for pediatric spinal surgery, as her spinal curvature continued to worsen despite following her doctors’ recommended bracing and physical therapy.
The family applied to Alberta’s Out-of-Country Health Services Program, designed to fund care unavailable in Canada due to excessive wait times, after finding a surgeon in New Jersey who could operate within weeks. When their application and subsequent appeal were both rejected, with a review committee determining Vienna could have continued waiting in Alberta, the family paid for the surgery themselves in August 2025.
With support from the Canadian Constitution Foundation, the family has now filed a judicial review asking the court to overturn the decision and force the government to reimburse the surgery costs.
(Source: Canadian Constitution Foundation)
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