Minister of Health Dr Lackram Bodoe has heard the plea of the Zika Foundation of TT, saying he will review the ministry's position on a 2023 High Court judgment after his predecessor Terrence Deyalsingh intended to appeal it.
The May 2023 judgment by High Court Judge Joan Charles upheld a judicial review lawsuit brought by Kavita Ramkissoon-Ragoo on behalf of her son, Davyn, who was born in February 2017 with microcephaly from the Zika virus. In her judgment, Justice Charles held that the State failed in its duty to provide support for the disabled child.
"The health and well-being of our nation's children remains very high on the agenda of this government and the Honourable Prime Minister. The rededication of the Couva Children's Hospital on December 7 is a testimony to our commitment. As Minister of Health, I will review this matter with the legal team to determine whether any further course of action is indicated," Dr Bodoe said in a WhatsApp response to Newsday.
In a Newsday report published on December 28, head of the Zika Foundation, Dr Karen Sohan, cited Deyalsingh's intent to appeal the judgment and called for Dr Bodoe to reconsider this position on behalf of the families with children with birth defects from the virus.
"For their families, the struggle is not about seeking financial assistance, but about securing the simple, practical measures that make caring for an eight‑year‑old who cannot walk or talk more manageable. For instance, a family may have a vehicle to transport their child to hospital appointments yet lack a covered garage - leaving both parent and child exposed to the rain. These are modest needs, but they carry immense significance in easing daily burdens and preserving dignity," she said.
"I humbly appeal to Minister Bodhoe to examine this case at his earliest convenience, so that together we may chart a way forward that is compassionate, practical, and beneficial to all."
In her 34-page judgment, Justice Charles declared that the State failed to take appropriate measures to provide urgent and specialised healthcare to Ragoo, which is in breach of his constitutional right to life as guaranteed under Section 4(a) of the Constitution.
She ordered the Ministry of Health officials to take immediate steps to provide the urgent, appropriate and specialised healthcare for Ragoo, to arrange for financial assistance to be provided to the family, and to implement proper protocols to assist the family in the management of the child's disabilities as a result of the condition within three months of the order. Justice Charles also ordered the State to pay the family damages, including aggravated damages, for breach of Ragoo's constitutional right to life, as well as damages for breaches of their statutory duty by the minister and the Ministry of Health.
At the time, Deyalsingh said the matter was going to be appealed, but Ragoo and Sohan said they had not heard anything further on this. Additionally, Ragoo told Newsday the family never received any of the court-ordered recompense from the State.