Justice Weli Chechey of a Rivers State High Court sitting ìn Port Harcourt has adjourned till February 7 and 8, 2022 a N50 billion suit filed by Emeka Okoli and wife Stella against their employer, Shell Petroleum Development Company (SPDC).
The suit was filed by the couple and their son, Chinazam, who allegedly suffered brain damage after a surgery perfomed by doctors at Shell Hospital, Port Harcourt.
Chinazam, Emeka and Stella are 1st, 2nd and 3rd claimants respectively.
Sued along with Shell, as 2nd and 3rd defendants, are two of its doctors, Dr. Alexander Dimoko and Dr. Dafe Akpoduado who performed an appendectomy surgery on the Okoli’s son, Chinazam, sometime in September, 2016.
During pre-trial conference, Stella Emeka-Okoli, the traumatised mother of Chinazam, was ìn court.
Counsel to the claimants, Prof. Akin Ibidapo-Obe, narrated to th? court how Chinazam, the only son of the couple suffered brain damage, remained incapacitated and confined to a wheelchair following alleged negligent surgical procedure by the Shell Hospital.
Ibidapo-Obe gave the brief account following enquiry by the trial judge, Justice Chechey, who informed parties that the writ of summons and other documents for the case were not physically available because of the e-filing of processes in the state and demanded the basis for the matter.
According to Ibidapo-Obe: “There is a boy, who was injured by Shell doctors at the age of 10. He is not able to perform all the activities of daily living. He can’t eat, drink and talk by himself.”
Ibidapo-Obe, who immediately gave th? judge copies of th? case papers, also told the court that the lawyers to the defendants had filed preliminary objections, relying on some technicalities to stop the suit.
He said he was ready to reply the technicalities raised by the legal team of Shell led by Michael Amadi.
He therefore requested for a date to enable the judge get all documents for the matter.
Justice Chechey adjourned the matter till February 7 and 8 to hear arguments on preliminary objections.
Chinazam, Emeka and Stella, 1st , 2nd and 3rd claimants respectively, are jointly and severally seeking N50 billion as general and exemplary damages “for personal injuries, loss and damages caused to the 1st claimant by the negligence and breach of the duty of the care of the 1st, 2nd and 3rd defendants” and 1st claimant’s “consequent brain injury and subsequently the pain, mental agony and suffering of the claimants and the two sisters of Chinazam” among other issues listed for determination of the court.
In their 55-paragraph statement of claims, the claimants alleged serial acts of negligence by Shell Hospital in Port Harcourt which, the claimants alleged, began with the decision to operate without conducting necessary and appropriate scientific enquiries
The claimants also alleged that a procedure that the doctors claimed would take forty-five minutes extended to five hours at the end of which their son was wheeled out unconscious and suffering severe seizures.
Whilst Shell doctors claimed the outcome was a result of drug reaction; qualified specialists in South Africa and United States have confirmed hypoxia caused by lack of oxygen to the brain during surgery.
The claimants alleged that Dr. Dafe Akpoduado, the Anaethetist allegedly wrongly administered spinal instead of general anaethesia, did not administer appropriate drugs in anticipation of the complications that ultimately caused Chinazamis brain damage.
“Now aged fifteen, he is unable to perform independently any activity of daily living-walk, talk, eat, sit or case himself.
“He is constantly drooling, suffers regular seizures and must be carried in and out of a wheelchair or bed. Since then, the Okoli family including two older sisters aged 17 and 19 years have had their lives disrupted and have suffered psychological trauma.”
Shell Management was alleged to have embarked on a pattern of deceit and non-disclosure of medical records in an attempt to cover up the negligence.
The claimants averred that Shell allegedly commissioned an external medical expert to review Chinazam’s botched operation but the report of the expert was kept secret from the claimants despite repeated demands.
Allegedly on the strength of the report of the external expert, the two doctors involved were sacked yet Shell allegedly refused to take responsibility for the negligence and to provide a Viable Life Care Plan for Chinazam even as they have allegedly rejected a Life Care Plan provided by reputable doctors in the United States.