$103.9 Million Awarded to Trelawny Resident Who was Paralysed After Surgery at Cornwall Regional Hospital
A Trelawny resident has been awarded $103.9 million in damages after she was left paralysed following a surgical operation at the Cornwall Regional Hospital in 2015.
In 2015, Nicole Ann Fullerton Clarke was experiencing tingling in her fingers with numbness and swelling in her right leg when she was diagnosed with cervical myelopathy in her spine at the neurosurgery clinic at Cornwall Regional.
The hospital recommended surgery to treat the condition, and a spinal decompression surgery was conducted on Clarke in October of that year.
According to Clarke’s lawsuit, the surgical procedure was not the standard treatment for her condition, and she had only been examined twice before it was recommended. Additionally, Clarke said no alternative was presented, nor had she been informed of the risks associated with the procedure.
While she was able to work prior to the surgery, the 49-year-old is now paralysed and bedridden, with a partial permanent disability and other reported severe injuries. Clarke’s risk of death has also increased.
Attorneys for Cornwall Regional argued that Clarke had in fact been informed of the risks, and she signed a document of consent prior to the operation. They also argued that the surgery had achieved the objective of decompressing the spinal cord, and she was no worse initially after the operation.
Despite Cornwall Regional arguments that the procedure was the only possibility given their findings, the Supreme Court ruled last week that the Western Regional Health Authority, the operator of the hospital, and the Attorney General of Jamaica should compensate the claimant.
As reported by the Jamaica Gleaner, included in the $103.9 million Clarke was awarded in damages are: She is to receive $70 million for pain and suffering, $8.6 million for future home care, $2.9 million for daily living (diapers and gloves), and $6.1 million for loss of income.
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