Privy Council to hear appeal in cerebral palsy negligence lawsuit

The Privy Council has granted Shelly-Ann Balwah, acting on behalf of her son Aeden Balwah, permission to appeal several findings of the Court of Appeal in a high-profile medical negligence case. The case revolves around allegations of clinical negligence during Aeden’s birth on May 19, 2002, at the Surgi-Med Clinic in San Fernando, which resulted in the child being born with cerebral palsy. The appeal challenges the Court of Appeal’s decision to uphold a High Court ruling that found the clinic and Dr. Marwan Abdulla not directly responsible for Aeden’s condition. The Privy Council will now examine whether the Court of Appeal erred in its findings regarding the timing of Dr. Abdulla’s arrival at the clinic and whether the breach of duty by the clinic and the doctor directly caused Aeden’s cerebral palsy. In January 2020, Justice Kevin Ramcharan ruled that the clinic had breached its duty of care by failing to maintain proper records and monitor Aeden’s foetal heart rate, and that Dr. Abdulla had failed to adequately inform Aeden’s mother about the risks of misoprostol. However, the High Court concluded that these breaches did not directly cause Aeden’s condition, attributing it instead to a pre-partum event. The Court of Appeal later ruled that Dr. Abdulla’s arrival at 4 am made him liable for Aeden’s condition, but dismissed the claim against the clinic. Both parties are now seeking to overturn these rulings, with a hearing date yet to be set. Kiel Taklalsingh, Stefan Ramkissoon, and Joanna Richards represented Dr. Abdulla and his mother in the case.