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Father struggles while awaiting damages

Taking care of an 11-year-old who is suffering from brain damage is hard, doing it without enough financial resources is even harder.

Errol Smith has been struggling to care for his daughter, Amanda, whose brain was damaged during birth at the University Hospital of the West Indies. The concerned and obviously overwhelmed father told THE STAR that a lawsuit was filed against the hospital in 2003 and it admitted liability. He added that the hospital agreed to pay the family for damages.

He explained, "She goes to the School of Hope. She can't read or write and she's partially blind in one eye." He said he has been waiting to receive payments since the agreement was reached, but has not received a cent. He said caring for a child with special needs was extremely costly and added that several important tests have been put off because he cannot afford them.

He said, "She was seen by a specialist who said she should get glasses. She also needs to be taken to a brain specialist and she needs speech therapy. It costs a lot to do these things."

He said his lawyer told him that he would receive interim payments, but said he has so far received none.

In response, Dr Trevor McCartney, acting CEO of the University Hospital of the West Indies, told THE STAR, "In January 2003, the claimant, Amanda Smith, through her father, Errol Smith, commenced an action in the Supreme Court against the University Hospital of the West Indies to recover damages for negligence and breach of contract. The hospital responded by signing a defence in which it admitted liability but indicated that it wishes to be heard on the issue on the amount of damages to be awarded to the complainant. In light of this defence, the claimant has obtained a judgment on admission and has applied for a date for hearing of an assessment of damages. The parties are currently awaiting a hearing date being set by the Supreme Court. The matter is therefore properly before the court and any further comment at this time by either party is inappropriate."

In the meantime however, Smith is counting down the days and hoping his daughter will receive the treatment she needs.

 
July 2, 2008
 

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