Holness, Dothlyn v University College Hospital Board of Management, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO. CL 200216-123

BETWEEN DOTHLYN HOLNESS

(Administrator ad litem in the

Estate of Roan Chin Hing Deceased) CLAIMANT

AND

AND

AND

AND

UNIVERSITY COLLEGE HOSPITAL

BOARDOFMANAGEMENT 1ST DEFENDANT

SOUTH EAST REGIONAL

HEALTH AUTHORITY 2ND DEFENDANT

MINISTER OF HEALTH 3RD DEFENDANT

THE ATTORNEY GENERAL 4TH DEFENDANT

Alexander Williams for Claimant.

Stephen Shelton and Maliaca Wong instructed by Myers Fletcher and Gordon for 1st Defendant

Amina Maknoon and Thalia Francis instructed by Director of State Proceedings for the 2"d, 3'd, and

4th Defendants

HEARING DATES: March 26,27,28, and June 29,2007

JUDGMENT

JONES J:

BACKGROUND

[ I ] Roan Chin Hing's life was relatively short, yet filled with tragedy. He was diagnosed with

haemoph~liaa t age nine months; he required periodic blood transfusions for the rest of his life; he

was diagnosed with Hepatitis C and HIV on April 8, 2001; his mother Dothlyn Holness

(Administrator ad litem) cannot say the exact date he was infected, but believed it was during a

blood transfusion on March 23, 2001; he died on September 23, 2003, at age sixteen years. The