Family sues minister over swine flu death

Published Mar 30, 2013

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Cape Town - One of the first damages actions that stems from the death of a woman infected with the deadly H1N1 virus, known more commonly as the swine flu virus, is headed for the Western Cape High Court.

The R907 229 action was instituted by the woman’s husband and their now 20-year-old daughter against the Minister of Defence, in her capacity as the administrative head of 2 Military Hospital, where Beaula Kelly, a former sergeant, died in 2009.

Kelly was initially diagnosed with flu, but after her condition deteriorated she returned to hospital where she was tested for the H1N1 virus. She died before the results became available.

 

Kelly’s husband, Sean Kelly, is suing in his personal capacity and on behalf of their minor son, Tristan, now 16.

In papers filed at the high court, Kelly and their daughter Maryka allege that hospital staff were negligent and breached their alleged obligations to the dead woman by failing to take a proper medical history, to recognise probable H1N1 infection, and also failed to administer proper medication to combat such an infection. They also discharged her, despite her condition.

 

In the papers, it emerged that Kelly, who was 36 when she died, went to the clinic at the military hospital on August 20, 2009. She was examined, diagnosed with flu, and discharged with treatment.

She returned the next day to the casualty department, with nausea, vomiting, diarrhoea and spikes in temperature.

Staff took a swab to test for H1N1 infection, did a chest X-ray and gave her medication, then discharged her again.

Her condition worsened and, two days later, she was admitted to the hospital for observation and intravenous fluids.

Her husband says that, by admitting his wife as a patient, the hospital assumed a duty of care towards her to “employ timeous and appropriate procedures to prevent any injury to her”, and to ensure that reasonable steps would be taken to diagnose her condition properly. She died on August 26 that year.

 

Her husband says in his papers that, as a result of her death, he suffered severe shock and emotional trauma. He also incurred funeral expenses.

 

He is claiming R347 913 in his personal capacity, and R321 807 on behalf of their son.

Their daughter is claiming R237 509.

The minister denies the allegations, saying in papers staff at the hospital took all necessary steps to diagnose and treat her condition.

According to the minister, Kelly had been swabbed for H1N1 and that, while staff waited for the results, was treated. Her condition had stabilised the day before she died.

The action is expected to be heard in July.

Weekend Argus

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