JUDICIAL CENTRE OF REGINA
DR. JOHN N. ALPORT, MR. DEAN AST and
DR. CHRIS ANNANDALE
AFFIDAVIT OF THE PLAINTIFF,
MORLEY LEONARD EVANS
I, Morley Leonard Evans, of the City of Regina, in the Province of
Saskatchewan, MAKE OATH AND SAY THAT:
I am the plaintiff herein and as such I have personal knowledge of the matters and
facts herein deposed to except where stated to be upon information and belief and
where so stated I do verily believe the same to be true.
On or about January 7, 2992, the defendant physician, Dr. John Alport prescribed
Zocor, a medication marketed by pharmaceuticals to treat high cholesterol.
From this point onward I was plagued with muscle, skeletal and joint pain of varying
intensity and severity, which continued at least up and until January 2005. From
January 1992 until September 2000, my mother provided a home for me and looked
after as best as she could, from September 2000 to the present, my sister has
provided me with a home. I have managed as well as I can with the disability I
acquired in January 1992.
During the aforementioned period, through referrals from Dr. Alport and or other
physicians I was treated for a great number of conditions including but not limited to,
fybromyalgia, depression, sleep disorders and psychological dysfunction.
On or about May 2, 1998, Dr. Cenaiko took me off Zocor. During the following two
years the aforementioned symptoms seemed to abate somewhat, though I continued
to struggle with what seemed to be an unknown illness or condition.
On or about February 16, 2000, Dr. Annandale continued the treatment started by
Dr. Alport and prescribed Lipitor, another medication marketed by pharmaceuticals
to treat high cholesterol. At this point, the previously mentioned symptoms
On or about June 28, 2000, after a visit with Dr. Cenaiko in Wakaw, Saskatchewan, I
became very ill, suffering from vomiting and eventually a coma. Dr. Buembo
performed surgery that involved drilling a hole in my head. Thereafter, I slowly
recovered and did not feel better until on or about January 2005.
I continue to try to recover and rehabilitate to the present day though I do not believe
I will or, at least I wonder whether I will, ever, fully recover from the medical
treatment that I received from the defendants.
Prior to taking either Zocor or Lipitor both Drs. Alport and Annandale respectively
assured me, both explicitly and implicitly, directly and indirectly, that there were no
side effects from taking the medications.
When I reported problems such as muscle, skeletal and joint pain, both Drs. Alport
and Annadale confirmed or advised that there was no connection to the medication
they had prescribed. They never said “Let’s take you off this and see if the
problems get better” or anything like that. Instead they proceeded to treat me for
other afflictions, such as arthritis, fybromyalgia, and so on, in accordance with their
various diagnoses or hypotheses .
I was disabled for many years and I remained unaware of any potential causes of my
condition. At one point, around October 22, 1997, Dr. Alport sent me to Dr. Evelyn
Gregory, a psychologist. Based on her advice, which was, I believe, that I was not
mentally competent, Dr. Alport prescribed Dexadrine.
Then, on or about September 5, 2001, I witnessed a program, follow up program
and/or advertisement of a CBS News Report or follow-up report, the subject matter
of which was the world-wide recall of the pharmaceutical drug Baycol, another drug
marketed to treat high cholesterol.
The drug Baycol is from a family of drugs known as statin drugs. Zocor and Lipitor
belong to the same drug family.
Statin drugs are known to cause, among other things muscle, skeletal and joint pains,
muscle and nerve degeneration and cognitive impairment . Basically, the known side
effects of statin drugs exactly reflect the type of pain and suffering that I had been
suffering and complaining about for the previous nine years.
The known side effects set out in the report exactly resembled the conditions that I
had been complaining of for so many years.
I began to investigate and seek the help of professionals regarding whether the
symptoms that I suffered from might have been side-effects, the result of taking
In pursuit of the truth I found a great deal of reluctance on the part of the medical
profession to discuss oreven entertain the fact that I might have suffered side effects
from prescription medication. I wanted to find out what they could do for me. The
answer seemed to be ‘nothing’.
I met further obstacles when I tried to retain someone from the legal profession to
investigate or protect my claim. Everyone I talked to had a conflict of interest or
refused to take on my case on a contingency basis—the only way I could afford to
Further, as a result of years of coping with disabling pain and fatigue I have not
worked and did not have the good health to pursue or protect my claim nor the
financial resources required.
I have not received medical training nor any other professional, expert or non-expert
training in the field of medicine or health science.
I have not received any legal training, professional, semi-professional or otherwise.
Stopping Zocor and Lipitor reduced my symptoms. But, my health did not improve
further until on or about January of 2005, after reading an article in the Reader’s
Digest, when I started taking Lipoic Acid and acetyl-L-carnitine supplements. The
remaining pain and stiffness went away following my taking the aforementioned
I make this affidavit in response to the defendants’, Dr. John Alport and Dr. Chris
Annandale, application to have my claim dismissed as well as in support of my
application challenging the constitutional validity of certain sections of The Medical
Professions Actand The Limitations Act.
____________________________________
Morley Leonard Evans
This document was delivered by:
MACKAY & MCLEAN
Barristers & Solicitors
2042 Cornwall Street
Regina, Saskatchewan, S4P 2K5
Address for service: the same
Lawyer in charge: Robert I. L. MacKay
Telephone: (306) 569 – 1301Facsimile: (306) 569 – 8560
