Lawsuit filed over deaths of 7 infants at Port of Spain Hospital NICU

A lawsuit has been filed stemming from the deaths of seven infants at the Port of Spain General Hospital’s Neonatal Intensive Care Unit (NICU).

The claim, filed by grieving mother Shanya Raymond-Adams, seeks accountability and answers arising from the cluster of neonatal deaths caused by nosocomial (hospital-acquired) infections in April 2024.

According to court documents, Raymond-Adams represents the collective interests of the mothers involved.

On November 18, Justice Robin Mohammed allowed Raymond-Adams to challenge the NWRHA’s refusal to disclose documents on the internal investigation into the cluster of neonatal deaths.

Between April 2 and April 9, seven newborns died at the NICU due to infections. The revelations sparked outrage, prompting the North West Regional Health Authority (NWRHA) to launch an internal investigation, while the Ministry of Health commissioned an independent review by the Pan American Health Organization (PAHO).

The PAHO report, presented to Parliament in June, highlighted lapses at the hospital, including a 29 per cent compliance rate with infection control protocols, a lack of dedicated infection-prevention personnel and critical understaffing.

Raymond-Adams, represented by Freedom Law chambers, led by former attorney general Anand Ramlogan, SC, filed the lawsuit under the Freedom of Information Act (FOIA), challenging the NWRHA’s refusal to disclose its internal investigative report into the neonatal deaths.

The lawsuit seeks a court order compelling the NWRHA to release its internal investigative report, witness statements and terms of reference for the investigation; declarations that the refusal to disclose the documents violates FOIA provisions and undermines principles of transparency and good governance.

Raymond-Adams contends that as a citizen and bereaved mother, she has a right of access to the findings of the NWRHA’s investigation under the FOIA.

The lawsuit argues that the NWRHA’s reliance on legal privilege to withhold the report is an overextension, as the investigation’s primary purpose was to address safety concerns, not exclusively to prepare for litigation.

In its response to the FOIA request, the NWRHA’s general manager Salisha Baksh refused access to the documents, citing legal professional privilege as the internal investigation evolved into a legal exercise after the authority received pre-action protocol letters from the mothers.

The NWRHA also said there were no letters of appointment for the investigators, since they were carrying out duties under oral instruction, so there were no documents related to their appointments or terms of service. The NWRHA also said no disciplinary action had started against staff members at the time.

It was also the NWRHA’s position that while the public had a right to transparency, it was equally important to protect the legal professional privilege of internal documents prepared for litigation.

However, Raymond-Adams's claim said the NWRHA’s chairman had publicly assured grieving families and the public of full transparency, creating a reasonable expectation that the findings would be disclosed.

The NWRHA’s CEO Anthony Blake was quoted in press interviews as saying there would be “full disclosure and transparency” once the investigations were completed.

“Given the assurances made by the respondent, the applicant/intended claimant reasonably expected that the findings of both the internal and independent investigations would be shared with all grieving families in a timely manner.”

The lawsuit also referred extensively to the PAHO report, which, it said, highlighted “numerous adverse findings.”

That report, submitted in June, revealed severe deficiencies at the hospital, including poor infection-control practices, understaffing and breaches of personal protective equipment protocols.

Raymond-Adams's claim contends the refusal to disclose the requested documents violates the FOIA and her right to access public information. She is seeking an order to quash the NWRHA’s decision to withhold the documents and one to compel the authority to provide them, with redactions if necessary.

Her lawyers argue that the public has a right to transparency, particularly in cases involving systemic healthcare failures, and the investigative report is vital for understanding the deaths and ensuring accountability.

It also contends the NWRHA’s claim of legal professional privilege (LPP) is an overextension, since the internal investigation’s primary purpose was to improve safety measures, not solely to provide legal advice.

“In this case, the internal investigative report should be viewed as a document aimed at uncovering the truth and implementing safety improvements, rather than as one protected under LPP.

“The respondent's attempt to withhold the report on the grounds of LPP disregards the principles of transparency and public interest, particularly in matters involving health and safety.

“The public has a legitimate right to access information about such incidents to ensure accountability and prevent future occurrences.

“The report is essential for the grieving families to understand the circumstances surrounding their babies’ deaths, as they rely on it to determine whether there was negligence or mismanagement on the part of the respondent.

“Additionally, there are serious health and safety concerns that have arisen, including failures in infection control procedures, understaffing, and breaches of medical protocols as per the PAHO report.

“Without disclosure, the families are left in the dark, and the public interest in uncovering the truth remains unfulfilled.

“There is a substantial public interest in ensuring that healthcare services do not endanger patients’ lives. Transparency is essential to restore confidence in the hospital’s management, prevent further tragedies, and ensure that systemic deficiencies are corrected.”

Raymond-Adams's daughter Kae Jhene Kerniah Charles was delivered on April 1 and died of a bacterial infection on April 6. Raymond-Adams said she only learned from a media release that her daughter was one of the babies who had died in the NICU of a bacterial outbreak.

She was also critical of Health Minister Terrence Deyalsingh in her affidavit.

“It was the Minister of Health who championed the independence and the integrity of the PAHO investigation he had commissioned.

“Now that the report has been completed and made stinging criticisms and incriminating findings against the NWRHA which falls under his ministerial purview, he had suddenly changed his tune and is now seeking to undermine the very PAHO investigation he had commissioned.

“Indeed, he has written to PAHO to complain. However, to date, there has been no further clarification on this matter. In the circumstances, the respondent’s investigative report is of critical importance.”

Justice Mohammed has fixed December 18 for a case-management conference.

Attorneys Jayanti Lutchmedial-Ramdial, Kent Samlal, Jared Jagroo and Sue Ann Deosaran also represent Raymond-Adams.