UNC loses claim against Children's Life Fund

A High Court judge has dismissed a judicial review claim brought by the Opposition against the Children’s Life Fund Authority (CLFA).

Justice Nadia Kangaloo yesterday dismissed the UNC’s lawsuit asking the court to quash a decision to refuse funding to two children whose families sought financial assistance with medical expenses for bone-marrow surgery.

The judge notified the parties by e-mail that the application was dismissed, and said she would give her written decision at a later date.

The UNC’s claim was filed in July 2017, and former UNC senator Wayne Sturge was named as the claimant in the matter. The Opposition's legal team was led by Opposition Leader Kamla Persad-Bissessar and included UNC senator Gerald Ramdeen. The CLFA was represented by Reginald Armour, SC, and Vanessa Gopaul.

The claim sought to have the court review the policy of the CLFA not to allow for reimbursements of medical expenses incurred by applicants to the fund. Sturge is also asking the court to review an interpretation of the CLFA’s board that the medical condition of beta thalassaemia major (BTM) was not a life-threatening disease eligible to receive funding from the fund.

According to the claim, the CLFA refused funding to four-year-old Shannen Luke and five-year-old Terrance Chandoo on the basis that it was legally precluded from approving their parents’ application to access funding from the CLF. The CLF was established by the People’s Partnership Government – which Persad-Bissessar led – in November 2010.

According to the lawsuit, Luke and Chandoo were both diagnosed with BTM at nine and eight months old respectively. It notes that the only cure for the blood disorder is a haemopoietic cell transfusion (bone marrow transplant), which is not available in TT. Both children require monthly blood transfusions, along with daily iron therapy critical for their health and survival.

Their parents sought transfusions for their children at the Bambino Gesu Paediatric Hospital in Rome, Italy. They applied to the CLFA to access funding to cover the expenses of the operation and other expenses.

Luke’s parents were told the CLFA was legally precluded from approving the application, while Chandoo’s parents were told seven days later that their application had been rejected.

CLFA officials told the parents BTM was not life-threatening as required by Section 19 (e) of the Children’s Life Fund Act and that documents submitted showed Luke’s family had already paid the 158,000 Euros to cover the operation and hospital stay, and the CLF Act did not allow for reimbursement but "provides a detailed upfront application, assessment and approval process" premised on specific criteria. Chandoo’s parents were told the same.

According to the judicial review claim, the decision to reject the applications of the two children was illegal and CLFA’s policy was irrational and unreasonable and in clear conflict with the act.

The lawsuit also claimed the board misdirected itself when it found BTM was not life-threatening, and never gave the parents of the two children an opportunity to be heard.