Burg, Mr C.

Mr BOYER (Wright) (15:31): In April this year, I was approached for assistance by Mr Claus Burg of Brahma Lodge. I visited Claus and his wife, Linda, in their home, where they took me through a very detailed account of what had transpired in the past 12 months. Claus told me over the phone that he had received a misdiagnosis from The QEH in July 2018, when he went for a regular check-up to see if the bladder cancer that he had been diagnosed with in 2008 had spread. He was told the good news that it had not spread to his stomach, and he and Linda returned home relieved that they could enjoy their lives together for many years to come.

But in the weeks following that diagnosis, Claus started to lose weight dramatically and went to Lyell McEwin Hospital for an urgent check-up. He and Linda were told the heartbreaking news that the cancer had in fact spread to his stomach and that it was so advanced that it was inoperable. The oncologist at Lyell McEwin Hospital accessed the CT scans that had been used at The QEH to give Claus the all clear to try to work out what happened. He explained to Claus that a very obvious thickening of the stomach lining was clearly visible in those scans but had not been picked up. He also explained that the time that had passed between the two diagnoses meant that nothing could be done.

As I came to realise over the next few months as I worked with Claus and his wife, Linda, he was not one to dwell upon his own misfortune. He set to work writing to the Minister for Health to seek answers for the terrible mistake that had been made, not to seek any personal compensation but, in his own words, to make sure that something like this never happened to anyone else. The point at which Claus sought my assistance was after having waited patiently for weeks for a response from the Minister for Health, but to no avail. So I wrote on his behalf, and we, too, waited more than two months for a response.

My diligent office manager called the minister's office on 24 April and on 8, 14, 21, 23 and 27 May to ask how far away the response was, anxious in the knowledge that Claus did not have long left. Eventually we gave up. I went back to Claus and Linda and advised them that the only avenue left to us was to seek some kind of redress through the legal system. They agreed and, with the assistance of Duncan Basheer Hannon, Claus and Linda formally wrote to SA Health outlining their case.

It was at this time that Channel 7 ran a story with some heartbreaking footage of Claus comforting a distraught Linda. All of a sudden, there were letters being couriered out to Brahma Lodge and urgent phone calls from the Central Adelaide Local Health Network, but still no reply from the minister. When the minister did finally get around to replying to Claus, it included an admission that a mistake had in fact been made. Finally, in mid-September, a settlement was reached, acknowledging the grievous mistakes that were made.

Claus had fought bravely through this period, determined to live to see a resolution and determined to leave his beloved wife, Linda, in a secure financial position once he was no longer with her. He also continued to fight to make sure that genuine reforms were made to prevent a repeat of the mistake that ultimately cost him his life. On Friday 4 October, I attended Claus's funeral in Elizabeth East. It was a beautiful service that mirrored the relaxed and easy-going way that Claus had led his life. I should acknowledge, too, the presence at that funeral of Mark Mooney from Channel 7 and Mitch Mott from The Advertiser, both of whom covered this story extensively and both of whom held a lot of respect for the Burgs.

In the lead-up to the funeral, I thought long and hard about how best to honour Claus's legacy. I was conscious that Linda no longer had Claus by her side to join her in the fight, but I also know that Claus's motivation had always been to prevent a repeat of the mistake that ultimately cost him his life. The reassurances we had been provided by SA Health and the minister about what investigations took place into any other possible misdiagnoses were so weak and so unconvincing that I felt I was left with no option but to refer the matter to the Coroner for a thorough investigation, and that is what I have done.

Claus Burg deserved, at the very least, to go to his grave confident that his fight would prevent a tragic repeat of the mistakes that cost him his life. Sadly, that was not the case. To this day, we await a determination of freedom of information applications we made on Claus's behalf more than four months ago. I for one intend to do the right thing by the Burgs and follow this through to the end.