Teen's family sues Alberta over $199K U.S. surgery bill after two-year wait in Canada

Vienna Pedatella was 13 when she was diagnosed with idiopathic scoliosis—her spine curved like the letter S. Rather than recommend immediate surgery, doctors prescribed bracing 23 hours a day for nine months, alongside physical therapy and strength training. Her mother, Janene Pedatella, hoped the brace would help correct the spine during Vienna's growth spurt.

It didn't work. When Vienna was referred to BC Children's Hospital to see a specialist, they were told she had missed the window for a procedure called "tethering" that could have corrected the issue while preserving her mobility. Instead, she would need spinal fusion—connecting 14 levels of vertebrae from her neck to her lower back using metal rods, screws and bone grafts—with a wait list exceeding two years.

Meanwhile, an X-ray showed her spine curve had progressed from 40 degrees to nearly 70. "When we went in May of 2025 and got her scanned and her curve had progressed to 67 degrees, it was like a trigger pulled," Janene said. Vienna was in pain most of the day, unable to sleep through the night, and struggling to stand or walk. Doctors raised concerns that her spine's curve could restrict her organs.

The family began searching internationally and found a surgeon at St. Peter's University Hospital in New Jersey who could perform anterior scoliosis correction (ASC)—a procedure similar to tethering, without age restrictions, that they believed would preserve Vienna's mobility and function. After consulting with her family doctor and the surgeon, they applied to Alberta's Out-of-Country Health Services Regulation for funding.

"We met with the two doctors, and both said Vienna would be an ideal candidate," Janene said. The committee denied the request in July 2025.

Undeterred, Vienna underwent ASC surgery in the United States in August 2025. The family paid $199,074 out of pocket. They are now heading to court, arguing that Alberta's denial of funding violated their daughter's constitutional rights and that the extended wait times in the provincial system left them with no choice.