Many times on this newscast, we've featured the tragic yet inspiring story of Janae Matute. She's the 12 year old Roaring Creek resident who was born premature, and due to post natal complications was left with cerebral palsy. Her mother Georgia Matute sued the doctor Dr. Raju Meenavalli for the pre-mature C-Section and in 2010 the Supreme Court granted mother and daughter the largest medical award ever: 2.6 million dollars for Janae, and a little over half a million for her mother, Georgia.
Dr. Raju's attorney Godfrey Smith challenged the Supreme Court decision in the Court of Appeal but they upheld the decision, only slightly lowering the quantum of the award.
Undeterred, Smith and Dr. Raju have now gone to the Caribbean Court of Justice to exonerate the Doctor, and if necessary shift whatever damages may arise unto the Western Regional Public Hospital.
That case was argued this morning at the CCJ Headquarters in Port of Spain Trinidad. It lasted for two hours, and by this afternoon, the CCJ had the proceedings posted on its website. Here are three brief snippets of the arguments advanced:…
Godfrey Smith - Attorney for Raju Meenavalli
"The respondents did not discharge their burden of proving on a balance of probabilities, that but for - but for - the actions or omissions of the appelant, baby Janae would not have suffered cerebral palsy. If, Your Honors, at the end of the day, after consideration, find that the appelant should not succeed on his appeal, then it is entirely open for Your Honors to find, the Court of Appeal having find definitively found that he was an agent of the State; he was an employee of the Western Regional Hospital, the Government of Belize, that any damages, in the event of a failed appeal, should be borne entirely by the State, and the costs as well."
Fred Lumor - Attorney for Janae and Georgia Matute
"A child with undeveloped lungs, Mr. Martinez explained how the lung would collapse, oxygen would not go to brain. Dr. Raju - the appelant himself - says that it doesn't need to be a specialist to know hyaline membrane disease. And in his own medical report, he says that this is one of the conditions that Janae suffered, but he says that she suffered after the baby was in the care of Dr. Magana, his expert, and we now know that that is not possible."
The court has reserved judgement.
We'll post a link at 7newsbelize.com so interested persons can see the entire proceedings.
Janae is now in high school at Belmopan Comprehensive.
http://www.caribbeancourtofjustice.org/judgments-proceedings/audio-video-recordings
