An Alberta family is asking the courts to force the provincial government to reimburse nearly $200,000 they spent on life-changing spinal surgery in the United States after years of waiting for treatment in Canada's healthcare system.

The Canadian Constitution Foundation (CCF) announced it has filed a judicial review on behalf of Vienna Pedatella, who was diagnosed with idiopathic scoliosis at age 13. Despite following her doctors' recommendations, her spinal curvature continued to worsen while she waited more than two years for surgery in Alberta — far beyond the generally recommended six-month timeline for pediatric spinal surgery.

As Vienna's condition deteriorated, her family located a surgeon at Saint Peter's University Hospital in New Jersey who could perform the operation within weeks. They applied to Alberta's Out-of-Country Health Services Program, which is intended to fund medical care unavailable in Canada, including when excessive wait times make timely treatment impossible.

The province refused.

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Faced with the prospect of their daughter's condition worsening further, the Pedatella family paid for the surgery themselves in August 2025. According to the CCF, the procedure successfully corrected Vienna's scoliosis, but left her parents with a bill approaching $200,000.

The family's subsequent appeal was also rejected. According to the CCF, the review committee concluded Vienna could have continued waiting for surgery in Alberta, despite the family arguing the available Canadian procedure would have resulted in permanently reduced mobility compared to the treatment she received in the United States.

The legal challenge asks the court to overturn the funding decision, order Alberta to reimburse the family for the cost of the surgery, and declare that the province violated Vienna's Charter rights to life and security of the person by subjecting her to excessive wait times.

Vienna's mother, Janene Pedatella, said the family felt they had no alternative.

"She would get her scoliosis corrected, preserve her spine, and be recovered while still in the first semester of Grade 12," Pedatella said. "What else were we supposed to do?"

According to the CCF, Vienna recovered quickly, returned to activities including weightlifting and skiing, and recently graduated from high school with honours.

CCF Interim Litigation Director Josh Dehaas said no patient should be forced to endure worsening health while waiting for medically necessary surgery, arguing that excessive delays violate Canadians' constitutional rights.

The Pedatella family is represented by Connor Fletcher and David de Vere, K.C., of Weir Bowen LLP on behalf of the Canadian Constitution Foundation. The case now heads to court, where a judge will determine whether Alberta acted lawfully in refusing to fund the out-of-country treatment.