By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia–In a nineteen-count petition for Action for damages for wrongful death at the Sixth Judicial Civil Law Court the management of the John F. Kennedy Medical Center is in the news for wrong reason, with claims that it was wrongfully responsible for the deaths of a mother and her unborn child, as Garmah Never Lomo reports.
The case is before resident Judge J. Kennedy Peabody.
Plaintiff’s Complaint
And now comes the Plaintiff in the above entitled cause of action and most respectfully prays this Honorable Court and Your Honor to adjudge the within named defendants liable to Plaintiff in the amounts not less than US$25m (US Twenty Five Million Dollars), i.e. US$7m (US Seven Million Dollars) as special damages as special damages against the JFK Management, and US$lom(US Ten Million Dollars) as general damages; US$3m(US Three Million Dollars) against Dr. Gonkernue Nuahn, as special damages and US$5m(US Five Million Dollars) as general damages for the wrongful deaths of Lovette Tamba and her foetus for the following factual and legal reasons as showeth to wit:
The petitioner said, their daughter is of tender age and is the the biological son of the late Lovette Tamba,and possibly a brother to her 26 weeks foetus (possibly a boy or a girl child) but they died while in the custody of the JFK as a consequence of gross negligence, abuse of fiduciary duty and medical malpractices.
According to the petitioner, their action is brought in a representative capacity for and behalf of Plaintiff by and through its biological grandmother who is now the legal guardian, as demonstrably supported by the affidavit of guardianship duly executed and sworn to, before a qualified justice of Peace as keeping with law, to validate Plaintiff’s legal standing or capacity to bring this action.
It further that because the first defendant, John F. Kennedy Memorial Hospital (JFK), is a body corporate, with an autonomous status, exclusive and preclusive of all other agencies of the Liberian government, including the government of Liberia, and can sue and be sued; that performs or specializes in the provision of medical and other health related services to the general public at inflated costs solely determined and managed by its own administrative body exclusive of the direct control and supervision of Government revenue collection and centralization policy. Plaintiff gives notice to court that it:
- will Delay by the medical staff in attending to the patient with retained placenta;
- The Pathophysiological cascade of the intrauterine fetal death coupled with massive blood loss led to the possibility of disseminated intra-vascular coagulopathy (DIC) occurring; and
- The established 8-hour delay was enough to precipitate these hematological complications;
The above -mentioned events set the stage for possible anesthetic complications that subsequently led to cardiac arrest.
Plaintiff says and submits that despite the Board report, holding the defendants liable for negligence and medical malpractice, resulting to the deaths of the late Lovette Tamba and her foetus, Plaintiff hired the professional legal services of AFDASA Global to cite the defendants to a conference in order to find an amicable solution short of litigation, but the defendants in what seems a callous and blatant disregard for the rights of others, as demonstrably shown in their poor handling of the late Lovette Tamba and her 26 weeks pregnancy resulting to their deaths, chose to ignore the first date of the conference, and when they were recited, they decided to send a team of low-key officials with no administrative decision making authority and power, to hold an amicable discussion with Plaintiff’s counsel as a sheer ploy to play for time, and see whether Plaintiff will run out of patience and thereby abandon this matter if continually frustrated with endless excuses.
Plaintiff says the JFK management out rightly ceased and discontinued all further communications with Plaintiff and family, including the law firm that cited them after two meetings were held and during which a pretentious show of a remorseful heart and condolences were expressed by the low-key representatives of the 1 and 2nd defendants that included Dr. Ian Wachekwa and Clir. B. K. Collins.
The Plaintiff submits that because the defendants have been negligent and have shown no interest in the welfare of Plaintiff (little Destiny O. Kerkula) who has been deliberately orphaned by the loss of his dear mother, a conduct that duly credited to the egregiously slipshod actions and activities of of the defendants, Plaintiff was left with no other alternative but to mandate its counsels to institute a formal legal action against the defendants for medical malpractice and the wrongful death of Ms. Tamba and her fetus, but since it is the settled policy of the firm to always hear the other side of every story, seek an amicable solution, where applicable, the defendants were cited to a conference on four separate and distinct occasions but they chose to attend two by sending low key employees to make fun out of the whole situation, while they again decided to sport with the other two invitations. Your Honor is most respectfully requested to take judicial notice of Plaintiff’s “Exhibit P/4” as evidence of the letters of invitation.
The Plaintiff complained that the defendants were negligent, callous and grossly abusive of their authority and power; of their offices and their oaths of duty; abusive of their services to a vibrant, beautiful and inspiring young lady with a bright future who had entrusted her life into the hands of the 1 and 2nd defendants in hopes of ameliorating a mild abdominal pain but was subject to a spate of gruesome medical overdose treatment over a sustained period without any reasonable justification and as a consequence of that a architecturally designed by God in her womb to become a human, and be a joy of her family in order to contribute to the growth and development of our country was murdered after being subjected to a horde of medications.
Further to count 16 above, Plaintiff says both the lives of Lovette Tamba and her fetus were suddenly cut short, resulting to their deaths, thereby turning the joy and hope of their family into a state of gloom and grief and the defendants being responsible for this, have done nothing to console the family.
Plaintiff submits that the defendants were unmindful of their respective duties and the responsibilities including their oaths, for which they decided to sport with the lives of Lovette Tamba and her 26 weeks pregnancy, thus leading to their premature deaths, and as a result, a four-year old Destiny O. Kerkula is orphaned, and abandoned without a mother, and motherly care;without the love and guidance of his mother; without a sibling and the joy of being either an elder brother to either a brother or a sister, and the defendants being responsible for such trauma and undue embarrassment and hardship imposed upon the family and the little Destiny Kerkula have taken comfort in sporting with the peaceful settlement of this matter for which Plaintiff is now in court to seek justice.
Plaintiff submits and says the life of the late Lovette Tamba and her fetus are priceless and no amount of money can compensate the family for the irreparable loss sustained. However, given that the late Lovette Tamba has left behind Plaintiff who is only a four-year old, the paltry sum of in the amount not less than US$25m (US Twenty Five Million Dollars), i.e. US$7m (US Seven Million Dollars) as special damages as special damages against 1st Defendant JFK Management, and US$10m(US Ten Million Dollars) as general damages; US$3m(US Three Million Dollars) against Dr. Gonkernue Nuahn, as special damages and US$5m(US Five Million Dollars) as general damages for the irreparable loss of Plaintiff’s mom.
Further to count 18 above, Plaintiff says and submits that the 2nd defendant fearing that the news will leak out in the public domain, and in his brazen attempt to cover up, planned, organized and started writing and issuing g treats to other doctors that he suspected of having knowledge of what had happened and could divulge and expose the news, and in the process summarily drove out any medical practitioner who he suspected had a firsthand information about the medical malpractice resulting to the death of Lovette Tamba. Plaintiff gives notice to court to produce witnesses at trial to prove that the 2nd Defendant issued threats to other doctors regarding this matter.
WHEREFORE AND IN VIEW OF THE FOREGOING, it is the prayer of Plaintiff as follows:
- That Your Honor will adjudge liable the 1 and 2nd defendants in the amount not less than US$25m (US Twenty Five Million Dollars), i.e. US$7m (US Seven Million Dollars) as as special damages against first Defendant JFK Management, and US$10m(US Ten Million Dollars) as general damages; US$3m(US Three Million Dollars) against Dr. Gonkernue Nuahn, as special damages and US$5m(US Five Million Dollars) as general damages respectively, for loss of a sweet mother, a daughter, a would-be grandchild, an inspiring and vibrant breadwinner for me the Plaintiff, Little Destiny Obey Kerkula, Lovette Tamba and for psychological injuries, trauma, denial, isolation that Plaintiff has suffered and continues to suffer for the premature death of Plaintiff’s mom Lovette Tamba and her 26 weeks pregnancy in the hands of the first and second defendants; and that Your Honor will grant unto Plaintiff all and any further relief that Your Honor may deem just and equitable in the premises.