Plea Made For Hospital Court
Illawarra Mercury
Wednesday May 24, 2000
Nearly all Coledale Hospital's staff could be called to give evidence in court in a civil action brought by a Balgownie woman whose husband was permanently brain damaged in a motorbike accident.
And, because of fears the hospital could be left largely unstaffed for the duration of the six-day court case, lawyers have proposed the court proceedings be moved to the hospital.
Darin Jenkins had been test driving a motorbike when struck by a car at the intersection of Crown and Osborne streets, Wollongong, more than two years ago.
Since September 1998 the 33-year-old father of two has been comatose in Coledale Hospital, fed and hydrated by tube.
The move to call hospital staff to give evidence follows recent signs of improvement in Mr Jenkins' condition. It was made by the legal team representing his wife Sandra Jenkins, in her case for damages against David Murray Reynolds, the Keiraville driver of the car that collided with Mr Jenkins, and his insurer, CIC Insurance.
Ironically, the improvement in Mr Jenkins' condition could result in his wife's civil action for damages being delayed until 2001 since CIC Insurance's legal team successfully applied to Wollongong District Court yesterday for an adjournment to get further instructions after hearing of his changed circumstances.
Mr Jenkins had now moved from a permanent vegetative state to one described by neurologists as ``locked in", Mrs Jenkins' barrister Tony Bartley, SC, told the court.
Mr Bartley was addressing the court on the subject of damages after Judge Joe Phelan found last year it was Mr Murray who was largely at fault in the accident.
He told the court he intended calling ``almost the whole staff" of Coledale Hospital to give evidence about any changes they had observed in Mr Jenkins' condition.
He said the change in Mr Jenkins' condition would have some relevance on his life expectancy and the standard of care required, which in turn would have ramifications on the subject of damages.
The court heard there was a question mark about how long Mr Jenkins could be cared for at Coledale. Mr Jenkins' legal representatives and guardians had inquired of every nursing home in the Illawarra, but none was either equipped or willing to accept him. A realistic estimate of the cost of keeping him within the public health system was something like $10,000 a week, Mr Bartley told the court.
He called Mr Jenkins' brother-in-law, public servant David Pallas, to give evidence about his attitude on the subject of cessation of tube feeding and hydrating, if that should ever come up in the case of Mr Jenkins.
Mr Pallas said he did not think the question was appropriate ``at this time".
``David is no longer on life support and is now showing signs of improvement, and options like that are not even a question to be considered," he said.
The case was adjourned until a date to be fixed next year.
© 2000 Illawarra Mercury
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