Amputated boy yet to get compensation
Ten-year-old Calvin Kavalo from Blantyre’s Ndirande Township is yet to get his K11.7 million (US$28 398.1) compensation two years after the High Court ordered the same for the pain and suffering he endured after medical treatment went wrong.
Calvin had his leg amputated when he was 11 months old after things went wrong at Queen Elizabeth Central Hospital (QECH) in Blantyre.
His grandmother, Mariam Zabula, who is keeping the Makata CCAP Primary School Standard Three pupil, said she hopes that one day he will be compensated.
Recounting Calvin’s ordeal, Zabula said it all started on May 18 2005 when the boy started vomiting and purging. He was taken to QECH for treatment.
She said doctors at the hospital put him on a drip on the leg with the hope of replacing the lost body fluids to the purging as they could not trace the veins in the arms.
Said Zabula: “What surprised us was that instead of the fluids in the drip entering the body; it was actually blood coming from the body that was moving into the tube. I called the doctors for help.”
She said after some time, Calvin’s leg paralysed and stopped functioning.
Later, doctors recommended an amputation, which was done. The doctors apologised for the mistake, according to the grandmother.
Calvin’s grandfather, Alubuini Zabula Phiri, said in 2006, he sought redress in court.
Said Phiri: “He [Calvin] was born with both legs. He was not having pains in the legs, but ended up being amputated. This is a life-long disability and we needed compensation.”
In his ruling on August 8 2007, High Court judge Ken Manda, then senior deputy registrar of the Malawi Supreme Court of Appeal and High Court of Malawi, awarded Calvin K1 050 000.
Said Manda: “The plaintiff [Calvin] is entitled to the total award of K1 050 000 for pain and suffering, loss of amenities of life and medical expenses and I do accordingly award the said amount as damages. The plaintiff is also awarded costs of the action.”
But, not satisfied with the ruling, Phiri appealed.
On May 11 2012, assistant registrar of the Supreme Court and High Court of Malawi, Matapa Kacheche, awarded Calvin K11 770 000 plus costs of the action.
The breakdown was as follows: K3 million for pain and suffering, K5.5 million for disfigurement, K3 million for loss of amenities and K270 000 as special damages for post-injury expenses.
However, two years down the line, the money has not been paid. Phiri said he has been visiting private practice lawyer Edwin Banda’s Veritas Chambers’ offices to check progress.
On his part, Banda said in an interview that his firm is yet to get the money from the Attorney General (AG) and is pushing for it. He sympathised with the boy.
“They injured him, but now he is being tortured. It’s like saying ‘we have amputated his leg now let’s be beating him’. I do not believe that there is no money because government bought a number of four-wheel-drive vehicles, which cost a lot of money [than the compensation amount],” said Banda.
AG Kalekeni Kaphale said he needed time to look into the matter as he could not remember it off hand.
In the meantime, Calvin’s grandparents continue to suffer the cost of purchasing an artificial leg for him, which cost K15 000.
