Expedited appeal for Smokey's death lawsuit

AN appeal of a judge’s order that Medcorp Ltd – operators of the Brian Lara Cancer Treatment Centre – compensate the widow of businessman Ricardo “Smokey” McKenzie a little over $3 million for his death will be expedited.

It is likely to be heard in February next year, and attorneys have agreed to a strict timetable for the filing of the relevant material for the expedited appeal to take place.

This was the outcome of an application by attorneys for McKenzie’s widow, Lisa, to have an order by Justice Mira Dean-Armorer corrected, since they contended that the judge wrongly granted a stay pending the hearing and determination of an appeal filed, which also should not have covered a budgeted-costs order.

However, Justices of Appeal Peter Jamadar, Nolan Bereaux and Charmaine Pemberton said they could not interfere with the judge’s order, since there was no objection to the wider stay being granted. Usually, a stay is granted pending the filing of an appeal and can be extended if the parties ask for it at the higher court.

In dismissing McKenzie’s application, Jamadar said the justice of the case deserved an urgent hearing of the entire appeal and granted the parties an expedited hearing once they adhere to a strict timetable so it could happen.

Despite an impassioned plea by McKenzie’s attorney Terrance Bharath for her not to pay legal costs since she lost the application, Jamadar said the court saw no good reason to make that order, but instead deferred the payment. This means it will not be collectable now.

In June, Dean-Armorer found the medical facility was negligent in McKenzie’s death, and in August gave her ruling on compensation.

McKenzie died on December 21, 2010, and his wife filed the case against the centre for medical expenses and $16 million for loss of earnings. Doctors who treated McKenzie in the US concluded he died of radiation necrosis caused by a radiation overdose. McKenzie was being treated for brain cancer.