$2.5 Million awarded to mother in damages; doctor to appeal
janae matute
It is not uncommon to hear of multimillion dollar lawsuits in court, but those cases normally involve large companies. A lawsuit, however, that has been ten years in the making, is providing millions of dollars in relief for the mother of a disabled girl. In 2000 Georgia Matute became pregnant and she received a c-section for the delivery. The infant was born prematurely and as a result of complications Janae Matute has cerebral palsy. In March of this year, Justice Samuel Lungole Awich found there was negligence by attending doctor. He has now awarded two million dollars for Janae’s care and five hundred thousand for loss of employment since her mother, Georgia, had to quit working to dedicate herself fulltime to the child’s care. Fred Lumor, the attorney for the Matute family, spoke to News Five about this case.
Fred Lumor, Attorney for Georgia Matute
Fred Lumor
“This month assessed damages against Dr. Raju for the baby child in the amount of about two million dollars for the future care of the child. And then the mother who has given up her employment to care for the baby, damages have been awarded to her in the amount of five hundred thousand dollars. Doctor Raju referred Mrs. Matute to his private clinic in Belmopan. The first indication that something was wrong was when Dr. Raju examined her and said your pregnancy is x number of months old. Mrs. Matute told the doctor that is not the date that I missed my period. And the doctor tried to convince her that those things happen. On the second visit to Dr. Raju, again there were these uncertainty about the gestation or age of the pregnancy. So she decided to have a second opinion by going to La Loma Luz Hospital where she saw one Dr. Meza and an exam was done on the pregnancy which coincided with the date Mrs. Matute gave to Dr. Raju. 
He seems as if Dr. Raju wasn’t pleased with Mrs. Matute going to another doctor to verify his decisions. However, he left all these ultrasound and medical results, Dr. Raju pushed them back all these medical reports and asked her to take them away. The long and short of it is that the child was born thirty-six weeks premature or preterm. And the aggravating circumstances was that doctor Raju said to my client that she might go into labor during the Christmas period in the year 2000 and to be on the safer side it was preferable that a c-section be done on her in the Belmopan Medical Theatre before the Christmas holidays. This was done and as it turned out the child was born as I said thirty weeks premature, the lungs were not properly developed, no pediatrician was called to be present during the delivery. As a result of this, this child is now completely dependent for her entire life.”
The court found that the government was also liable but due to the statute of limitation the family could not sue. However, Fred Lumor plans to appeal that portion of the judgment at the next sitting of the Court of Appeals. Philip Zuniga is the attorney for Dr. Raju who has also launched an appeal.
Sadly the real damage has already been done, and no amount of money can compensate for this Childs livelihood or her parents lost.
I am glad to see that this child has been compensated for the damages she sustained. What we need now is that disabilities in Belize are recognised as not something that should determine you are thrown on the trap. Instead we put things in place to enable people to go on and be productive citizens inspite of their disabilities. I think of the great physicist Prof Steven Hawking, when I say this.
Well done to Mr Lumor.
why did the mom go back to dr. raju after the visit to loma luz. at that point she must have realized “he mi di do @#$$”. i personnally would have continued at loma luz or found another doctor.
Doctors need to unite and appeal this case!!!
Kindly set your differences apart and appeal the case.
Umm,
Actually the judgement is very contestable. If the expected due date was February 1 and the C-section was done at 36 weeks , it still does not mean that the child will have poorly developed lungs. Surfactant production initiates at 28 weeks and the lungs are fully mature at 34 weeks. C-sections are routinely done at 36 weeks at the sign of any risk. Even if the C-section was done prematurely at 36 weeks, the lungs would be fully developed.
Furthermore, ultrasound scans dones later in pregnancy can in fact be erroneous to the gestational age as to earlier obstetric ultrasounds, zooming in to the clinical report, you see the ultrasound being done on Oct 13.
The main question mark I have is whether expert witnesses were used since this is not primarily an argument for lawyers.
I understand the mother’s emotion but when you are out for blood for what has happened to you, relying on poorly supported facts of being “preterm” as compared to premature is questionable.
You cannot stop people from suing but you also run the risk of losing a medical practioner who works in an underserved region in the south for little compensation over poor evidence.Do you actually think that this doctor would want to continue this with a debt of 2.5 million dollars?
Unfortunately, once again only one side of the story is being given by the media. This is a case presented to the media with very weak details and needs to be reviewed thoroughly by the judge with expert witnesses.
Before anyone starts trolling me for taking the doctor’s side (which I am not), realize that I have two family members with C.P..
It’s sad to hear that an innocent child will suffer for the rest of his life along with his mother. I can’t understand what happened to Dr. Raju. My two children were born under his care and I consider him a very good doctor.
belize is been infested with alien lawyers,lawyers that no one knows about,and nothing about their back ground is known,like this lemur lawyer.
its in the blood. come on dont need to look too far.
Who hired this doctor? Who gave him a license? Was his traiing verified? Did they do a background check on this doctor? Prior issues/compication/complaints/lawsuits?? Who did the ultrasound? Are they cerified to do OB ultrasound? Why was she getting a C-section? Safer to do a C-section before the Christmas holidays? Base on what data??? 30 weeks vs 36 weeks does make a difference in surfactant level.
The question is who is monitoring the standard of care in the country? As this scenario is bound to recur if no steps are made to correct it.
the main principle here is to have dr r_____be tried by a panel of his peers Refer to the Dr.Cobb case. These Africans , and foreign Attorneys are really going for the kill…..
As far as I am conern Dr RAju is a very good doctor, he attended me with my one and only child, and it was in his care that I had my first child at the age of 40years, I really believ this is a bad judgement, I am sure that Dr RAju is not fully to blame, some children are born like this because of faulty genes in the family, I know of a full term boy, deliverd normally without problems and he has celebral palsy.
Fred lumor just wan to be know and heard so everyone run for his services!!
one million for him and one million for the mother.
This woman should realize that this is not fair,
The Lord doesnt sleep, all one can say, nobody knows what this mother goes tru to take care of this little girl, an how much she loves that little girl, to even stop her office job to go sell sea weed to make money to survive. an when she is selling it, she sure have her little girl right there with her . I am so happy at heart to see her great reward. YOUR DESERVE IT. PRAISE GOD FOR JUSTICE.
Well deserved. You all need to stop your bashing and hateful ways and look at the issues. He could have delieverd 1 million healthy babies, he messed up big time on this one. and this one deserves to be taken care of. congrats and i hope the ruling stands. as far as i am concerned dr raju is not the best doc. many people in BMP discouraged me from going to him and claimed if i love myself and my child i should so elsewhere.
i believe everyone deserve a chance in life but when you think you are untouchable you really miss the point and in the case of this doctor who would rather take a vacation than to attend with all care and attention to something like life worth giving he failed. about the award i am not sure about that because in the end it’s all going to be about the money. AND THIS WOMAN LOVES MONEY.
i wonder if God is really pleased about this, because if he is then he too loves money as well!!
THE CHURCH SHE GOES TO MUST BE REALLY HAPPY ( SHE MUST PAY HER TITHES FROM THIS MONEY)
THANK YOU GOD FOR THIS WOMAN
This child was born at 36 weeks,LUNGS WOUL BE FULLY DEVELOPED. Judgement has weak basis
What is the outlook for babies born at less than 28 weeks?
Fewer than 1 percent of babies in this country are born this early, but these babies have the most complications. Most of these babies are born at very low birthweight (less than 3 pounds, 4 ounces). Those born at less than 26 weeks are likely to weigh only 1 to 2 pounds. Almost all will require treatment with oxygen, surfactant, and mechanical assistance to help them breathe. These babies are too immature to suck, swallow and breathe at the same time, so they must be fed through a vein (intravenously) until they develop these skills. They often cannot yet cry (or you cannot hear them due to the tube in their throat) and they sleep most of the day. These tiny babies have little muscle tone and most move very little.
Babies born at this time look very different than full-term babies. Their skin is wrinkled and reddish-purple in color, and is so thin that you can see the blood vessels underneath. Their face and body are covered in soft hair called lanugo. Because these babies have not had time to put on fat, they appear very thin. Most likely, their eyes are closed and they have no eyelashes.
These babies are at high risk for one or more of the complications discussed above. However, most babies born after about 26 weeks gestation do survive to one year (about 80 percent at 26 weeks and about 87 percent at 27 weeks), although they may face an extended stay in the NICU. Unfortunately, about 20 to 40 percent of the very lowest birthweight babies develop serious lasting disabilities.
What about babies born at 28 to 31 weeks gestation?
These babies look quite similar to babies born earlier, although they are larger (usually between 2 and 5 pounds) and even more likely to survive (about 90 to 95 percent). Most require treatment with oxygen, surfactant, and mechanical assistance to help them breathe. Some of these babies can be fed breast milk or formula through a tube placed through their nose or mouth into the stomach, although others will need to be fed intravenously.
Some of these babies can cry. They can move more, although their movements may be jerky. A baby born at this time can grasp your finger. These babies can open their eyes and they begin to stay awake and alert for short periods.
Babies born at 28 to 31 weeks are at risk for some of the complications discussed above; however, when complications occur, they may not be as severe. Babies born with very low birthweight remain at risk for serious disabilities.
What about babies born at 32 to 35 weeks gestation?
More than 98 percent of babies born at this time survive. Most weigh between 3 and 7 pounds, and most appear thinner than full-term babies. Some can breathe on their own, and many others just need supplemental oxygen to help them breathe. Some can be breast- or bottle-fed, although babies born at less than 34 weeks or having breathing difficulties will probably need tube-feeding. Babies born after about 34 weeks are unlikely to develop serious disabilities resulting from premature birth, though they may remain at increased risk of subtle learning and behavioral problems.
Are babies born at 36 weeks gestation at risk of medical problems?
Most babies born at this time require little or no special care after birth, and they are nearly as likely as full-term babies to survive. They usually weigh between 4 and 8 pounds, and may still appear thinner than full-term babies. Some will experience mild problems, such as breathing difficulties or jaundice, but most will make a quick recovery. Most of these babies can be breast- or bottle-fed, although some (especially those with mild breathing problems) may need tube-feeding for a brief time. These babies are very unlikely to develop serious disabilities resulting from premature birth.
All you people complaining about the judgement have you ever cared for a child with disability? I think not. Remember this little girl will grow up into a woman and need assistance for life. I am not sure about her level of brain damage, if any, but she may have limited physical and cognitive skills which could potentially affect her quality of life. What I will say is that this case may set precedent for any Belizean who find themselves in similar situation in the future. Let see how quick you would find yourselves consulting Fred Lemur.
Whether the mother is unemployed or not, it’s the negligence that was addressed here. When some of you look in the mirror do you wonder why your eyes are green? Believe me any parent would much prefer to have a healthy baby girl than all the money in the world. How insensitive and cruel can you people be?
very good point radical Belizean
YOU ALL THAT SAY BAD ABOUT THIS WOMAN IS JUST JEALOUS OF HER
NONE OF YOU WOULDNT DO WHAT SHE DID FOR HER CHILD
Case Appealed now both RAJU and the Governent of Belize Must PAY!