By Sue-Ann Wayow
SIX years after delivering her baby at the Sangre Grande Hospital and getting burnt during the Caesarean Section, Clarisia James, now 34, has been awarded more than $100,o00 by the High Court.
In a judgement delivered by Master of the Supreme Court Martha Alexander on Monday, the Eastern Regional Health Authority (ERHA) has been ordered to pay general damages in the sum of $85,000 with interest at the rate of 2.5% per annum from November 3, 2020 to February 07, 2022, and costs on the prescribed basis in the sum of $12,922.77 to James.
The judgment was delivered after the Assessment of Damages hearing.
James was represented by attorney Martin George.
Medical Chief of Staff/Administrator of Clinical Services of Sangre Grande Dr Adesh Sirjusingh and treating doctors Dr Kristy Mendes, Dr Dale Hasrannah and Dr Rhonette Spalding all gave evidence on behalf of the ERHA.
George was instructed by Sarah Lawrence s while the ERHA was represented by attorney Ravindra Nanga and Charles Law.
In her judgement, Justice Alexander stated that the ERHA tried to downplay James’ injuries which was a result of their own negligence.
She said, “The court gave serious consideration to the claimant’s evidence of pain and suffering and loss of amenities, and the defendant’s negligent role in this matter. This was a defendant who had perpetrated a wrong on the claimant, offered treatment to her but then sought to downplay her evidence as to pain and suffering.
“It was borne in mind that the defendant’s negligent act had caused the burn injuries and resultant pain and overall suffering. The defendant cannot seriously expect to benefit from its wrong by decrying the evidence as to the claimant’s pain and suffering as unbelievable. The defendant also could not escape with a slight tap on the hand for the wrong done by its surgical hands.”
Alexander added, “On the other side of the assessment equation, a claimant cannot seriously expect to present a deficient case for her burn injuries, arm herself with cases reflecting more serious injuries and resultant losses and say to this court that it must closely equate her losses and pain with these other comparators. Each case must be viewed in its own context and the claimant in the present one is not entitled to inflated damages but to a fair and just award based on her evidence.”
The judgement stated, “The defendant did not dispute the burning incident or that injury had occurred; but it disputed the severity of the injuries and the quantum sought by the claimant.”
James was the only witness to give evidence in the case. She called no medical evidence to support her claim for damages but relied on the defendant’s medical notes.
In her evidence before the Court, James of Eastern Main Road, Valencia said that on March 16, 2016, while at the hospital to deliver her baby, she was taken to the operating theatre. Dr Kristy Mendes was the lead surgeon in charge of her procedure.
While there, she alleged that an extremely large amount of rubbing alcohol was applied to her abdominal region in preparation for the surgical procedure and the surgeon then proceeded to cut her.
During the procedure, the surgical drapes surrounding her caught on fire and her stomach area and other body parts were burnt. In her evidence James said, the chief surgeon in charge of the procedure then informed her that she had sustained a “small burn” and that “it was a first-degree burn but nothing major”. They then continued with the C-Section and her baby was safely delivered.
James said that due to the anaesthetic and the focus on her baby, she did not realise the nature and gravity of these burns until the next morning when one of the nurses opened her robe and removed the dressing from her burn wounds and she saw the enormity and extent of the burns she suffered in the fire.
She said she noticed that most of the skin on the left side of her stomach was burnt from below her breasts to her lower abdomen. She said the nurse cleaned the wounds and applied Flamazine, and the wounds were left open to air dry.
In her evidence before the court, James said that when she was discharged and returned home, she had to breastfeed her newborn baby but this was extremely painful.
At home, she continued using the Ibuprofen to suppress her pain, however, after about two days of using the drug, James says she realised that the drug was causing her baby to vomit and pass faeces frequently and as a result of this, she had to stop taking that drug.
James said that her pain was intensified since she had sustained the burns and also had to bear pains associated with recovery from a C-Section.
She said she had tremendous difficulty in performing the most basic tasks such as cleaning herself and performing her personal bodily functions due to the constant and searing pain; sitting caused pain, standing caused pain, lying down caused pain and the situation rendered her unable to perform her household tasks which included cooking, cleaning and laundry.
She also said most of her skin, remains extremely tender, painful and excruciatingly sensitive to touch or pressure. This experience meant that she found herself not being able to play an active role in the lives of her baby and her other two children, due to limitations on her movement and her reduced abilities due to the extreme sensitivity of her skin.
Her marriage was also destroyed in the aftermath as a result of her disfiguration.
James had filed her claim was on March 10, 2020, alleging a failure by the ERHA to exercise due care and attention in its treatment of the claimant and in not providing and/or maintaining a safe environment for her treatment.
