The Court of Appeal has upheld a landmark ruling made in the Supreme Court in October 2010 against Dr. Raju Meenavalli, a former government doctor now in private practice, who was accused of negligence and medical malpractice before Supreme Court Justice Samuel Awich, in the case of Georgia Matute and her child, Janae, who developed cerebral palsy, as a consequence of a premature birth by C-section.
Dr. Raju disputed Matute’s calculation for the age of her pregnancy, and the discrepancy, despite a Loma Luz ultrasound which supported the mother’s calculation, was not properly addressed. Dr. Raju delivered Janae prematurely at 36 weeks. The child was born with a lung problem, associated with the premature delivery, and her inability to receive enough oxygen at birth resulted in her lifelong disability.
Back in 2012, Awich had awarded roughly $2 million to the child and nearly $600,000 to the mother. Attorney for Dr. Raju, Godfrey Smith, SC, had argued to the Court of Appeal, in an appeal heard in 2011, that the awards set out by Awich were excessive.
Specifically, Awich had awarded the child $708,203 for future earnings, $80,000 for pain and suffering, $450,000 for loss of amenities, $50,000 for equipment, $240,000 for three vehicles during her lifetime, $200,000 for future accommodation, $50,000 for special education and $227,000 to hire a caregiver. All this totaled $2,005,203.
Awich additionally awarded the mother $104,341 for travel and medical expenses, $80,000 for pain and suffering and $497,416 for loss of earnings, for a total of $681,757.
Court of Appeals Justices Dennis Morrison, Brian Alleyne and Douglas Mendes delivered a ruling on Friday, March 30, 2012, in which they upheld the awards with respect to the mother, but reduced the awards to the child by about $558,203. The new tally for Janae is now $1,447,000.
The main reduction is for her future earnings, which was slashed from $708.203 to $180,000. The Court of Appeal recalculated the figure, giving Janae only a 10-year career, based on an annual salary of $18,000.
This sharply contrasts with Awich’s ruling, based on the normal career she was likely to have had, had she not developed cerebral palsy.
Reacting to the reduction in the award for loss of earnings, Fred Lumor, SC, told Amandala, “How could you give a child 10 years of working life? It doesn’t make any sense. The child is suffering.”
Lumor said that, “We are writing to the government that if they are not in opposition to pay immediately, that they should make arrangements for structured payments. The child is 11 years old now and she needs immediate care and equipment. She is dependent on her mother for every aspect of her life. She has to be fed; she has to be clothed; she has to be bathed.”
He noted that in the cross-appeal which he filed for his client, which he filed because Justice Awich had dismissed the claim against Government on the ground that the claim was not brought in one year, the Court of Appeal held that, indeed, the government should also be liable.
He said that the $2.13 million can be collected from any of the two parties, either the Government or Dr. Raju.
He said that they can collect all from Government, and then Government can collect from Raju.
Payment of the judgment, said Lumor, is due immediately. If they fail to pay, assets can be crow-footed or a constitutional motion can be brought against Government.
Amandala’s attempts to reach Dr. Raju or Senior Counsel Smith for comment were unsuccessful.
For her part, Georgia Matute, Janae’s mother, told us that she was excited about the March 30, 2012, ruling from the Court of Appeal.
She said that Janae, who will be 12 in December, is doing okay, but she is getting bigger and heavier, and since Janae can’t do anything for herself, it is really taking a toll on the mother—who has not received a penny in compensation to date and has not been able to return to work.
She said that she gives thanks to The Almighty first and foremost, for the favor bestowed on her and her child, and secondly to Mr. Lumor, who she described as “our hero.”
“He has never collected one dollar for the entire time he has been doing this case. That is rare that an attorney will do what he did,” she added.
Matute also expressed concerns that Dr. Raju continues his medical practice in Dangriga, and she believes he continues “business as usual.”
She said that after having Janae, her second child, by C-section, Raju gave her a tie-off, to which she had consented.
Matute said that since she came forward with her story, many other women have said that they have had similar experiences, but they were not as vocal in seeking redress. Some have even said that they have lost their children, she said.
Matute, a former government secretary, told us that she can’t work again; she has to stay home and take care of her child, because she needs constant supervision. She has poor coordination in her arm and is unable to sit up alone.
However, the good news is that Janae attends school and is now in Standard V at the Roaring Creek Nazarene School.
The mother said that three times a day she carries Janae up a flight of 20 stairs, because her class is on the second floor and the school has no ramps to accommodate children like Janae.
Janae gets by in school because she can talk enough to do oral tests.
She said that she started Janae with preschool early, and she began to speak to Janae about things such as the color of flowers even before she started talking.
Matute encourages anyone who has children with special needs to have faith in The Almighty and push for them. She said that she never gave up, and still believes that Janae will be healed miraculously.
Lamentably, Janae lost an important window of opportunity for significant therapy. Georgia Matute said that when she took her to the United States some years ago, doctors said that if she would have gotten good therapy between ages 0-8, which is the key period for therapy, she may have been functioning better today.
The mother said that they are still waiting to receive the award announced by the court, because Janae needs pampers and milk. She has also outgrown all her equipment.
The mother is also appealing to anyone who can assist them in obtaining a ramp for the school building in her home village of Roaring Creek, not just for her child but also for other special needs children who may come after Janae. She said that the Ministry of Education has already approved the ramp and she has the specs for it.