CCJ upholds decision in the case of Doctor Raju versus Janae Matute

Jenae Matute

The Caribbean Court of Justice today issued a decision in the case of Doctor Raju Meenavalli versus Janae Matute and her mother, Georgia. The decision was delivered from Port of Spain via teleconference. The CCJ upheld a decision by the Court of Appeal that Doctor Meenavalli failed to act in accordance with professional standards causing Janae’s cerebral palsy. The court upheld an earlier decision that two point three million dollars must be paid to Janae and about half a million dollars to her mother. Georgia sued the doctor because Janae developed cerebral palsy since Meenavalli had misplaced the date of her menstrual period and proceeded to treat Georgia on the erroneous LMP. Following the ruling we spoke to Doctor Meenavalli’s attorney, Godfrey Smith.

Godfrey Smith, Attorney for Raju Meenavalli

“This is the end of the road of course because the Caribbean Court of Justice is Belize’s court of last resort. We haven’t yet seen the judgment. It should be provided to us soon. Obviously we are disappointed with the decision. We marshalled the best possible arguments we could as robustly as we could, but it did not, unfortunately, find favour with the court. So this is the end of the road in terms of that case.”

Reporter

“But now sir, the matter of compensation…the financial aspect of it. How will that aspect be worked out? We know that the government now has some financial responsibility because of the ruling of the Court of Appeal. Can you explain that aspect for us and how your client will manage to pay so much money?”

Godfrey Smith

Godfrey Smith

“Obviously we have to look at the decision first to see how damages and costs are apportioned…to see what the court has directed in that regard.”

Reporter

“Can you give us an idea of the nature of your arguments which you tried to present on behalf of your client?”

Godfrey Smith

“Essentially it followed two streams of argument. One that the test of standard of care had not been satisfied, and one that the issue of causation had not been properly made out.”

Attorney Fred Lumor represented the Matute family.