Plea to Health Minister – Drop appeal in Zika child case

Davyn Ragoo, centre, with his mother Kavita Ramkissoon-Ragoo, right, father Kevin and siblings Devin and Divya. -

Head of the Zika Foundation, Dr Karen Sohan, is appealing to the Minister of Health to stop the government's appeal of a 2023 High Court judgment that ruled in favour of one family.

The former Chief of Staff at Mt Hope Women's Hospital told Newsday that families were only seeking to secure simple, practical measures to make caring for affected children manageable.

"For instance, a family may have a vehicle to transport their child to hospital appointments yet lack a covered garage — leaving both parent and child exposed to the rain. These are modest needs, but they carry immense significance in easing daily burdens and preserving dignity."

For instance, eight-year-old Davyn Ragoo was born with microcephaly from the Zika virus and is non-verbal and unable to move on his own. His mother, Kavita Ramkissoon-Ragoo, said this has presented several challenges for her family.

"I learnt to communicate with him using gestures which I've learnt over the years. For example, I ask if he is hungry, he opens his mouth, and if he twiddles his tongue, it means he is thirsty. If he stretches his leg out, it means he has a tummy ache. If he rubs his legs together, it means diaper change, please."

Ragoo is one of 17 babies born with birth defects (congenital syndrome) in TT during the 2017 outbreak of the virus, according to Pan American Health Organisation data.

He requires round-the-clock attention: a special diet because he can't swallow whole food, constant physiotherapy and occupational therapy for his muscles to be able to move, and mobility aids. She lamented that oftentimes parents have to give up full-time employment to take care of children affected by Zika, and social assistance is not enough to cover the costs.

Dr Sohan said she had utmost respect for Dr Lackram Bodoe as a distinguished senior member of the obstetrics and gynaecological fraternity, acknowledging that he inherited many challenges within the health sector from his predecessor; however, she asked that he examine the Zika children issue at his earliest convenience, "so that together we may chart a way forward that is compassionate, practical, and beneficial to all."

In 2019, Ramkissoon-Ragoo brought a judicial review lawsuit against then minister of health, Terrence Deyalsingh, the permanent secretary at the ministry and the Attorney General on behalf of her son. High Court Judge Joan Charles upheld the suit in May 2023.

In her 34-page judgment, Justice Charles declared that the state failed to take appropriate measures to provide urgent and specialised healthcare to the minor, which is in breach of his constitutional right to life as guaranteed under Section 4(a) of the Constitution. Justice Charles ordered the Ministry of Health officials to take immediate steps to provide the urgent, appropriate and specialised healthcare for Ragoo, to arrange for financial assistance to be provided to the family, and to implement proper protocols to assist the family in the management of Ragoo's disabilities as a result of the condition within three months of the order. Justice Charles also ordered the state to pay the family damages, including aggravated damages, for breach of Ragoo's constitutional right to life, as well as damages for breaches of their statutory duty by the Minister and the Ministry of Health.

At the time, Deyalsingh said the state intended to appeal the matter, according to media reports. Sohan, who was also the court's sole expert in the matter, expressed her disappointment to appeal and wants the Minister of Health reconsider that decision.

Ragoo's mother told Newsday her attorneys had not received any further correspondence on the matter being appealed, nor have they received any assistance from the state as ordered by the court.

Instead, she said parents are still left to fund expenses where they can afford or rely on charity.

"Davyn is growing and thriving in his own way. I am happy to be his mom and provide the best care I can for him; however, if adequate resources were available, our kids would definitely benefit. Our kids were born with lifelong disabilities, and my dream is for them to receive first-world treatment. We make it look easy, but I admit it is overwhelming at times. It takes constant strength and courage, and I love him with everything I've got."

She urged Dr Bodoe to be sympathetic to their situation and was confident the government would act in the best interest of the children.

"I know this government is in favour of helping all children in their different endeavours, but we would like to see procedures implemented and actioned so our kids can have a better quality of life."

Contacted for comment, Dr Bodoe acknowledged the WhatsApp message but said he would need to "revert."