RM846k to be awarded to accident victim infected with HIV through blood transfusion

PUTRAJAYA: The Court of Appeal today upheld a High Court decision to award RM846,000 in general damages for pain, suffering and loss of amenities to a 28-year-old accident victim who was infected with HIV virus through a blood transfusion in 2005.
The panel of judges led by Datuk Alizatul Khair Osman Khairuddin dismissed an appeal by Kinta Medical Centre Sdn Bhd (KMC) with RM30,000 costs.
The other judges on the panel were Datuk P. Nallini Pathmanathan and Datuk Zabariah Mohd Yusof.
KMC was appealing against a High Court decision on Feb 5, 2016, which granted RM750,000 as general damages, RM96,000 in special damages to the victim and another RM50,000 costs, after allowing the victim's civil suit for negligence.
The panel of judges found that the High Court judge, in arriving at a quantum of RM750,000 by way of general damages for pain, suffering and loss of amenities, appeared to have taken factors into consideration.
Alizatul said the victim had suffered considerably as a result of contracting HIV.
"There is always the spectre of AIDS, which is a dreadful disease, that may well eventually take the life of the respondent (victim), prematurely," she said.
She said the victim is precluded from full enjoyment of his life, as a consequence of this tragedy.
"It is not to be forgotten that with contracting of AIDS, life expectancy is likely to be shortened prematurely. Even, if lifespans increase with advances in medical research, there are the attendant costs of drug and medication, which are not inexpensive," she said.
"Taking all these factors into account, we are unable to conclude with any degree of certainty that we should interfere with the quantum awarded by the trial judge," said Alizatul.
"As we are not convinced that he (the judge) was plainly wrong, the appeal in relation to quantum is dismissed," she said.
On May 22, 2005 the victim, who was 17 years old was involved in an accident and received blood transfusion.
The victim was represented by V. Vijaya Segaran and Norazali Nordin while lawyer Datuk W.S.W. Davidson represented KMC.