The family of a teenager affected by cyclosporine testing problems at an Eastern Health laboratory in St. John's is suing the health authority for damages.

In a statement of claim, Warren Lushman's family said mistakes in biochemistry laboratory at the province's largest regional health authority in early 2010 caused irreversible damage to the 15-year-old.

'This outcome is entirely the fault of the defendant.'—Lushman statement of claim

"[He] has acquired devastating neurological and multi-organ injuries as a result of cyclosporine overdose and remains in hospital at date of filing. He will have lifelong [damage]. This outcome is entirely the fault of the defendant," said the statement of claim, which was filed Sept. 27 in St. John's.

Lushman, of Corner Brook, western Newfoundland, has a rare autoimmune blood disorder known as hemophagocytic lymphohistiocytosis (HLH).

He was hospitalized in mid-December 2009 in Corner Brook but was transferred to the Janeway Hospital in St. John's in January 2010 because his condition was deteriorating.

At Janeway Hospital, Warren was prescribed cyclosporine, a drug that suppresses the immune system and is often given to transplant patients to prevent their immune systems from rejecting a new organ.

In February 2010, Eastern Health hospital staff recognized that a new piece of machinery that measures blood levels of cyclosporine was giving erroneous results. The results led staff to believe that people had low levels of cyclosporine in their blood.

Based on those results, doses of cyclosporine were erroneously increased.

Eastern Health admitted that Lushman was given too much of the drug.

"Cyclosporine attained dangerous levels in Warren's brain tissue," said the statement of claim.

"Commencing on the evening of Feb. 18, Warren went into multiple seizure and was returned to critical care on Feb. 19. On Feb. 20, he suffered a devastating hemorrhagic stroke. Other strokes followed."

The suit, filed by Ches Crosbie Barristers, claims Lushman would have recovered fully if the cyclosporine error had not been made.

Eastern Health CEO Vickie Kaminski spoke with reporters in St. John's Wednesday.Eastern Health CEO Vickie Kaminski spoke with reporters in St. John's Wednesday. (CBC)His parents, Gary and Trudy Lushman, are suing Eastern Health for mental agony and suffering, expense and loss of income.

Eastern Health hasn't filed a statement of defence.

'We did receive their statement of claim. So we are in the process of defending that," said Eastern Health CEO Vickie Kaminski Wednesday.

"Of course, I can't talk about the details now because it is a legal case but we will be filing our defence in due course."