Boy’s parents awarded €50,000 compensation

The parents of a boy who suffered permanent disability when a ventilator malfunctioned at St Luke's Hospital, were today awarded €50,000 in damages.

The case dates back to December 2004 when twins were born prematurely to the couple, Christian and Melvina D'Agostino, at St luke's Hospital. The two were delivered through caesarian section. One of the children, Dejan was put on a ventilator machine. The equipment provides continuous airway pressure through tubes inserting in the nostrils.

However the machine malfunctioned and the newborn suffered burns in his nostrils, and medical interventions did not solve his subsequent breathing problems. Court medical experts held Dejan suffered a 13% permanent disability.

The couple sued the Chief Government Medical Officer for damages.

Considering how Dejan's twin also suffers from an autistic spectrum disorder, the court dismissed the parents' allegations the condition was a result of the incident.

However, Madam Justice Felice ruled the boy had indeed suffered disability due to the equipment's malfunction and ordered the Chief Government Medical Officer to pay the family €49,118.94 in damages.

Lawyers Shazoo Ghaznavi, David Camilleri and Joe Gatt appeared for the plaintiffs.