PUTRAJAYA, Jan 28 — The Court of Appeal here today awarded a Myanmar refugee almost RM1.7 million in damages in a medical negligence lawsuit.

A three-member bench comprising Justices Datuk Kamardin Hashim, Datuk Seri Kamaludin Md Said and Datuk Nor Bee Ariffin allowed Henry Siang Len’s appeal on the quantum of damages, raising it to RM1,685,594 from RM734,000 awarded by the High Court previously.

Justice Kamardin awarded a sum of RM951,514 in future general damages and increased the High Court costs to RM159,730 from RM50,000 as well as interest on the damages.

He also maintained the awards granted by the High Court that is RM234,000 in special damages and RM500,000 in general damages for pain and suffering and loss of amenities of life.

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Meanwhile, Justice Kamardin dismissed the appeal by the respondent (Hospital Universiti Kebangsaan Malaysia (HUKM) and two doctors against the High Court’s ruling that Dr Caroline Gunn could represent Siang Len and was properly authorised to act as his litigation representative.

Justice Kamardin also ordered the case to be remitted to the same High Court judge for direction on the management of the judgment sum and also awarded RM20,000 costs for the Court of Appeal proceeding.

Siang Len, 30, through his litigation representative Dr Gunn had filed the suit in 2016 against HUKM, Dr Aminuddin Abdul Rashid and Dr Nazhatul Muna Ahmad Nasaruddin.

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According to the facts of the case, Siang Len was to join his wife to resettle in the United States, but on Dec 24, 2010, the night before he was to fly to the USA, he was assaulted by a group of people.

As a result of the assault, he suffered injuries in his mouth and also a fracture of his mandible and had sought treatment at HUKM.

Following a serious disastrous event at the hospital, Siang Len suffered severe and irreversible brain damage and was given a massive overdose of a powerful anaesthetic drug, Ketamine, five times the intended dose.

Siang Len is currently in a minimally conscious state and is dependent on others for all activities of daily living.

Following his discharge from hospital in 2011, he had been left under the care of Perch 1, a nursing home for refugees.

In January last year, the High Court allowed Siang Len’s claim and awarded damages and costs in the sum of RM784,000.

The High Court had, however, dismissed his claim for future general damages, pre-trial damages, aggravated damages and interest.

Siang Len was represented by a team of lawyers led by PS Ranjan while the counsel N. Sharmini represented the respondents. — Bernama