A request to drop charges against several medical doctors at the John F. Kennedy Memorial Center (JFKMC) on trial for alleged negligence that caused the death of Representative Edward Forh’s daughter Nakita, was yesterday denied by Judge Yussif Kaba of Civil Law Court
‘A’ at the Temple of Justice in Monrovia.
Forh is claiming US$25 million from the defendants for Nakita’s death on September 27, 2014, on the hospital’s compound.
JFK lawyers submitted their demand immediately after Rep. Forh and his witnesses rested with the production of documentary and oral evidences.
They in their documentary and oral evidences claimed that none of the witnesses’ testimonies linked any of the defendants to the commission of wrongful death of Forh’s daughter and as such Judge Kaba should not allow their clients to take advantage of the opportunity to testify and exonerate themselves from the claim.
Those sued and are expected to testify are Munah Tarpeh, Tannie G. Sneh, Mary G. Howard Nyaquie, Dr. Korto Dorbor, Dr. Billy C. Johnson, Dr. David Okiror, Prof. Joseph Njoh, Korzu B. Koryan-Browne and Dr. Wvannie Scott-McDonald all of whom are employees of the JFK.
It was the argument Judge Kaba refused to accept yesterday, thereby authorizing all of the defendants to testify beginning today, October 4.
When he denied the appeal, Judge Kaba declared that the jury and court under his jurisdiction have every legal authority to ensure that the parties (Forh and the defendants) give accounts of what led to the death of Nakita.
“We are not going to render any judgment now unless we have heard all of the evidences before the court. It is by those evidences that we can determine the merit of the case,” Kaba said.
He then scheduled the defendants’ testimonies to today, Tuesday.
Before he denied the defendants’ appeal, Forh’s legal team on July 31, 2015, filed a lawsuit for “Action of Damages for Wrongful Death” of his daughter at the facility due to their alleged refusal to accept and treat her in September 2014.
In a 26-count complaint, Forh prayed the court to grant him US$10 million for general damages, US$5 million for punitive damages, US$5 million in compensatory damages and US$5 million in consequential damages.
He said the hospital first refused to accept Nakita D. Forh on Friday, September 26, 2014, until she died on Saturday, September 27.
“Despite the critical state of my daughter, the hospital insisted that we bring Ebola clearance while I continued to tell them that my daughter had asthma, but they did not listen to me until she died,” Forh said in his lawsuit
He alleged that they arrived early Saturday morning at JFK, but none of the individuals he sued gave attention to his daughter when they simply needed to allow her use the Asthma Nebulizer to restore her breathing to normalcy.
In their response, JFK lawyers argued that considering the circumstances, neither of the defendants is liable for the death of Nakita D. Forh as Representative Forh himself refused to listen to the advice of doctors and took his daughter home despite the fact that he had no medical knowledge.