Court upholds RM846,000 in damages awarded to accident victim given HIV-fainted blood

PUTRAJAYA: The Court of Appeal yesterday upheld the award of RM846,000 in damages to an accident victim who was given HIV-infected blood during a transfusion in 2005.

Justice Datuk Alizatul Khair Osman Khairuddin who chaired a three-man panel held that Kinta Medical Centre ( KMC) failed to comply with a reasonable standard of care in screening blood to detect the HIV virus.

She said adherence to the best practices outlined in the guidelines issued by the National Blood Centre ought to be followed even if it was not mandatory to apply, and it could not be said that those guidelines were not applicable to private hospitals such as KMC. She dismissed KMC’’s appeal on liability and quantum of damages awarded by the Ipoh High Court to the 28-year- old man. She also ordered KMC to pay RM30,000 in costs.

Justice Alizatul Khair said the respondent suffered considerably as a result of contracting HIV which would always be a spectre of AIDS, a dreadful disease that might well eventually take his life prematurely.

“It is equally apparent that as a consequence of this tragedy, the respondent is precluded from full enjoyment for life. There is further the reality of the respondent having to purchase and consume medication for the condition he suffers from, again a continual expense or drain on his resources,” she said.

Justice Alizatul Khair who presided with Datuk P Nalini and Datuk Zabariah Yusof, said the respondent was entitled for compensation as he was also exposed to social discredit and discrimination which was damaging. She said the lump sum awarded was envisaged to cover all future losses and injuries should they arise as there was no statutory provision for the respondent to make a second claim should he contract AIDS at a later date.

“It is not to be forgotten that contracting AIDS means life expectancy is likely to be shortened prematurely. Even if lifespans increase with advances in medical research, there are the attendant costs of drugs and medication which are not inexpensive,” she said.

The High Court had on Feb 4, last year allowed the man’’s lawsuit and found KMC to be negligent for supplying the HIV contaminated blood which was transfused into the victim while he was being treated at Fatimah Hospital after he was involved in an accident on May 22, 2005.

He was 17 years old at that time. High Court judge Datuk Samsudin Hassan ordered KMC to pay RM750,000 for general damages and RM96,000 for special damages to the man, prompting the medical centre to appeal to the Court of Appeal.

A blood test made on Nov 30, 2005 revealed that the respondent was HIV positive, prompting his mother to lodge a report with the Health Department and a special task force, formed by the Health Ministry, found that the blood supplied by KMC was contaminated with HIV.

Lawyer Datuk WSW Davidson represented KMC while lawyers V Vijaya Segaran and Norazali Nordin appeared for the respondent.