Shell’s trial for N50bn over medical negligence begins tomorrow

PORT HARCOURT, Rivers State – Justice Weli Chechey of the Rivers State High Court,  sitting in Port Harcourt  will tomorrow, December 8, 2021  rule on the suit filed by couple, Emeka Okoli and his wife, Stella, who are employees of Shell Petroleum Development Company of Nigeria Limited, over alleged medical negligence against the company (SPDC) and two  medical doctors.

The couple is praying the court to order damages to the tune of N50 billion against the defendants.  Shell, Dr. Alexander Dimoko and Dr. Dafe Akpoduado, who were medical doctors with the company are listed as defendants.

The two doctors allegedly performed appendectomy surgery on the couple’s son, Master Chinazam Okoli, sometime in September, 2016 but wrong administration of anesthesia and drugs left the child brain damaged and in vegetable state.

 In the suit marked PHC/2338/2021, filed by the claimant’s counsel, Professor Akin Ibidapo-Obe,  the plaintiff alleged serial acts of negligence by Shell Hospital in Port Harcourt, which began with the decision to operate without conducting necessary and appropriate scientific enquiry.

In their 55 paragraph statement of claims, the plaintiff alleged that a procedure that the Shell doctors claimed would take forty-five minutes extended to five hours at the end of which their son was wheeled out unconscious with severe seizures.

Whilst Shell’s doctors claimed the outcome was a result of drug reaction; qualified specialists in South Africa and United States, have confirmed hypoxia caused by lack of oxygen to the brain during surgery.

 The claimants alleged that Dr. Dafe Akpoduado, the Anaethetist allegedly wrongly administered spinal instead of general anesthesia and did not administer appropriate drugs in anticipation of the complications that ultimately caused Chinazam’s brain damage.

The victim now aged fifteen, is unable to perform independently any activity of daily living-walk, talk, eat, sit or care for himself.

He is constantly drooling, suffers regular seizures and must be carried in and out of a wheelchair or bed. Since then, the Okoli family including two older sisters aged 17 and 19 years have had their lives disrupted and have suffered psychological trauma.

Shell Management are alleged to have embarked on a pattern of deceit and non-disclosure of medical records in an attempt to cover up the negligence.

The claimants further  alleged that Shell commissioned an external medical expert to review Chinazam’s botched operation but the report of the expert was kept secret from the claimants despite repeated demands.

“Allegedly on the strength of the report of the external expert, the two doctors involved were sacked yet Shell allegedly refused to take responsibility for the negligence and to provide a Viable Life Care Plan for Chinazam even as they have allegedly rejected a Life Care Plan provided by reputable doctors in the United States.”