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Relatives of HIV-infected 12-y-o upset over re-scheduled court date
published: Saturday | April 24, 2004

Trudy Simpson and Francine Black, Gleaner Writers

THE RELATIVES of a boy, who allegedly got infected with HIV while under hospital care, are upset over the re-scheduling of a court date to hear a lawsuit filed against the Ministry of Health.

Lawyers representing the Ministry and other health facilities, named in the lawsuit, and the family of the boy, were expected to begin arguing their case last week Wednesday. They were however informed by the court that the case has been re-scheduled to December next year.

"I feel so upset that mi ah plan fi block street and do some protest," said an irate Mrs. Richards. Mrs. Richards is the name the boy's mother uses publicly.

"What ah mainly worried about is, if him live, what is going to happen between now and next year December pertaining to him food and medication," she said.

The 12-year-old boy, known publicly as 'Michael', was one of two persons who sued the Ministry, the Bustamante Children's Hospital, the Kingston Public Hospital, the Blood Bank and the South East Regional Health Authority (SERHA) for being responsible for their infection.

To date, the Ministry has not accepted liability and has since - through the Attorney-General's department - filed a defence.

The defence is based on negative results from tests carried out on donors who gave blood during the period that the boy became infected.

The Ministry was also adamant that it was not seeking to delay the proceedings, noting that it was in fact the boy's lawyers who were responsible for the rescheduling of the case.

"Please note that the trial date was rescheduled upon the request of the lawyers representing 'Michael' not the Ministry of Health," Dr. Yitades Gebre, senior medical officer at the Ministry told The Gleaner.

INFECTED OVER SIX YEARS AGO

'Michael' was reportedly infected over six years ago while getting blood transfusions to treat Haemophilia at the Bustamante Hospital for Children.

Since then, Mrs. Richards said, it has been emotionally traumatic and financially burdensome for her and her husband, who have five other children.

"I don't have anything to give them. Is butter and rice I cook. UWI (University Hospital of the West Indies) says they not giving him anything except the anti-retrovirals (HIV-fighting drug). He needs medication for other sickness and often mi haffi pay for it," she said.

However according to Dr. Gebre, the child will continue to receive anti-retrovirals and additional medication for any HIV related illnesses.

"The child will also be provided with relevant medication for his HIV related illness and conditions as prescribed by his attending physician," he said.

Mrs. Richards however noted that 'Michael' has become more aggressive in recent times, throwing stones at vehicles and threatening her with a knife. She said attempts to get him psychological help have only left her with an appointment for July 9, which she said is too far away. She said efforts to meet with Health Ministry personnel have so far been futile.

The Attorney-General had accepted liability for the second person who sued, 24-year-old Jennifer Brown who died last year. The Government was in the process of negotiating a settlement with the law firm, Antonnette Haughton and Associates at the time of her death.

The Gleaner tried, without success, to contact Mrs. Haughton-Cardenas, who went public on April 14, 2003, stating that her firm had filed a multimillion dollar civil suit against the health facilities.

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