My son’s death was not in vain: Joe’s Law means lives will be saved

On Thursday night, the NSW parliament passed “Joe’s Law”, named after my son Joe, who died in the Northern Beaches Hospital last year after a series of catastrophic medical errors.

Joe’s Law is named after Joe Massa who died in September. (Left) Parents Elouise and Danny Massa.Credit: Kate Geraghty and supplied

We were moved to tears listening to members of parliament endorse the bill and share their own insights. Not one person, from any party, opposed it.

Our family is forever changed. Our two other children – Grace and Teddy – did not have the chance to celebrate Joe’s second birthday or any future ones. He was less than two months away from turning two.

Earlier this year, my husband Danny and I stood alongside Premier Chris Minns and Health Minister Ryan Park to announce the introduction of this landmark legislation, which prohibits new public-private partnership arrangements for the provision of acute hospital services such as emergency departments.

No longer can private equity firms partner with acute healthcare services in NSW to make money at the expense of desperately unwell patients.

It sends a strong message – that the healthcare of the people in NSW once again comes first – there is no place for profits with acute healthcare.

During our campaign to change the law, when I met with journalists or government officials, I often held one of Joe’s jumpers – the one with a dinosaur and the word “Roar” printed on it in red. Clutching it gave me strength and reminded me of my internal mantra: I would not stop roaring until meaningful change was made.

I sometimes left key decision makers in government with a framed photo of Joe – this gesture spoke to the heart of why we were campaigning: to turn our grief into something good, where other families won’t have to leave a hospital without their child – with only their bags.

I was often asked, “How can you be campaigning for change so soon after Joe’s death?” or one that close family would ask from a well-meaning place was, “do you really want to be doing this?”. But my response came from deep grief and fierce love. How could I not be advocating for change? Joe’s love and the need for justice and compassion is the driving force behind everything I do – it propels me forward every single day.

Northern Beaches Hospital, where toddler Joe Massa died last year. Credit: Renee Nowytarger

We commit to standing firm in our belief that access to excellent healthcare is our universal right and should not be subject to substandard treatment at the hands of trillion-dollar private equity firms who care only about the bottom line and not the care of our patients in NSW.

Joe lost his life due to a cascade of failures – beginning with the government’s 2014 decision to adopt a public-private partnership (PPP) model for healthcare. What followed was a string of inadequate policies, broken processes, poor IT systems, individual failures by staff at the Northern Beaches Hospital and a false sense within the community that it was a safe hospital.

The fundamental problem is that running acute and emergency services is not compatible with owning a profit-making business. This is the model at the Northern Beaches Hospital and it is broken.

We learnt the Northern Beaches Hospital was controlled by Healthscope, a private company that was acquired in 2019 via a $5.7 billion takeover by Canadian private equity firm Brookfield.

During the 2019 acquisition, Brookfield pledged to continue funding Healthscope’s investments and growth. “Brookfield intend to provide support for Healthscope to continue developments of existing sites and pursue growth opportunities.” This clearly has not happened.

As an asset manager responsible for critical infrastructure, Brookfield had a duty to invest in Northern Beaches Hospital when it mattered most. We believe Brookfield failed both the northern beaches community and the NSW government. In our view, they should no longer be allowed to operate and trade in Australia across any sector.

We hear constantly from people in our community who are avoiding Northern Beaches Hospital in emergencies – too afraid to take their children or loved ones to an emergency department operated by Healthscope.

While it isn’t perfect, NSW has a public health system that is in many respects the envy of the world. The northern beaches are currently locked out of that standard of care.

We will not stop advocating for our most vulnerable – babies, toddlers, the elderly – and every person in NSW who relies on a safe and dependable health system. Health must be the first priority on every political agenda.

But I believe that when we make morally right decisions – ones grounded in truth, love, and collective resolve – there is nothing we cannot achieve.

Joe’s death will not define him. Change - and love - will have the last word. Stay with us, Joe, and guide us into the new tomorrow.

Elouise Massa is a mother and campaigner.