By Barbara Gayle, Staff ReporterTHERE IS to be an out of court settlement in the multimillion dollar negligence lawsuit involving nine-year-old Tonika Williams who is blind because of the alleged failure of medical personnel at the Bustamante Hospital for Children and its Senior Medical Officer Dr. Sonia Thomas to recommend that her eyes be tested despite her low birth weight.
Medical experts from overseas testified in the Supreme Court last year that once a baby's birth weight was below three pounds, the attending paediatrician or the hospital must refer the baby to an ophthalmologist to be examined as early as possible. The examination must be within four to six weeks after birth.
TESTIMONY
Tonika's parents Attorney-at-law Anthony Williams and his wife Naedia, have testified at the hearing which began last year that Tonika weighed 1.2 kilograms at birth and had to be given oxygen because of respiratory distress. She was born on May 18, 1995 and immediately after she was transferred to the Bustamante Hospital for Children. She was discharged from the hospital on June 15, 1995 and after that she was under the care of Dr. Thomas as a private patient. They said Tonika's eyes were never tested and it was in January 1996 when they discovered that their daughter was not seeing that they went to an ophthalmologist who confirmed that she was blind.
They took their daughter for medical treatment abroad and were told that their daughter had retinopathy of prematurely and in medical circles throughout the world everyone knew that children born with birth rates below three pounds must have their eyes tested.
It is the parents contention that it was the negligence of the defendants which caused their daughter's eyes to reach stage five retinal detachment because had the eyes been tested at an early stage, their daughter would not have lost her sight.
VERY UPSET
Mr. Williams also said in court he was very upset when he told Dr. Thomas what had happened to his daughter and she told him that Ray Charles and Stevie Wonder were blind and were great men therefore Tonika could be great too.
The suit should have commenced on Tuesday but lawyers representing the parties asked for an adjournment to have discussions in relation to a settlement.
When the court resumed yesterday Dr. Lloyd Barnett who is representing Mr. and Mrs. Williams told Mr. Justice Andrew Rattray that they had made progress in the case but needed assistance to finalise the matter. He asked that the case be referred back to case management conference.
The matter has been set for further discussions at the case management conference on June 1 in the Supreme Court.
