Lucy Kinya, a woman that was crippled after an emergency caesarean delivery left her paralysed was on Thursday, September 19, awarded Ksh25.6 million by a court in Meru.
This was after it was established that her permanent paralysis was caused by negligence on the part of the personnel at St John of God Hospital, Tigania, the Standard reported
The presiding judge, Alfred Mabea, ruled in favour of Kinya after considering the accounts of several witnesses who were cross-examined in court, most of whom attended to the complainant after her ordeal which occurred three years ago.
“The evidence on record is clear and undisputed that on the material day, the plaintiff presented herself at the first defendant’s facility for delivery. She was in good health. From the medical records…the plaintiff did not have any other complaint when she presented herself for delivery," the judge ruled.
During her chilling testimony, Kinya revealed that on June 25, 2016, she delivered twins through an emergency caesarean section at the hospital.
However, during the course of the delicate operation, she stated that she suffered a spinal injury as a result of the negligence of the hospital's employees.
She went on to tell the court that while still in the theatre, she was given four injections on her spine at 8 a.m, but when she regained consciousness at around 5 p.m, she could no longer walk.
Ms Kinya went on to narrate how both her limbs had turned black, adding that when she pointed out her situation to attending doctors, they claimed that it was not serious.
On June 29, 2016, she was transferred to Meru Level Five Hospital and later on referred to Kenyatta National Hospital, but it was too little too late as it was confirmed that she had sustained a serious spinal injury.
One of her witnesses, Dr Koome Guantai, testified to having examined her at the Meru Level Five Hospital and ascertained that she had indeed sustained a spinal injury leading to her paralysis during her caesarean procedure.
He went on to tell the court that Kinya had also lost bowel and bladder control, thereby forcing her to wear adult diapers round the clock.
The hospital categorically denied liability for the actions of unnamed doctors and staff at the health facility.
During his final ruling, Justice Mabea stated that the complainant had proved her case to the required standards and that it was also proven that the injury was as a result of direct trauma to the spine.
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