Trial set against cancer centre over ‘Smokey’s’ death

Justice Mira Dean-Armorer set September 26-29 for the trial, which will take place at the Port of Spain High Court.

McKenzie, 55, co-owner of Smokey and Bunty Sports Bar in St James, died on December 21, 2010, at Jackson Memorial Hospital, Miami, Florida in the United States.

McKenzie’s family claims gross medical negligence, bribery and fraud by Medcorp Ltd and the Cancer Centre of the Caribbean Ltd, operators of BLCTC.

BLCTC has been slapped with a $20 million lawsuit.

According to the negligence claim, McKenzie first complained of headaches, seizures and vomiting in August 2009 and was subsequently referred to the BLCTC in September 2009 for radiation treatment after a tumour was detected and removed from his brain. Between the months of September and November 2009, McKenzie was under treatment at the centre, but in April 2010, he collapsed and suddenly began having seizures, court documents stated.

His condition worsened after he became partially paralysed and complained of “severe headaches”.

Further medical tests revealed “a possibility of radiation necrosis” of the area where the tumour was removed.

By July 27, 2010, McKenzie had travelled to Jackson Memorial to obtain more expert medical treatment, where it was recommended that he needed urgent care for a wound infection at the site of the surgery.

McKenzie underwent brain surgery there two days later and again on August 20, 2010 to remove a mass of necrotic brain tissue. Two other surgeries were performed because of persistent brain swelling.

McKenzie’s condition continued to deteriorate until his death.

BLCTC has not accepted any blame for McKenzie’s death and disputes any negligence on its part.

BLCTC states that the Linear Accelerator machine was miscalibrated but not more than “13.9 per cent”.

McKenzie’s family claims the miscalibration was as much as 20 per cent.

McKenzie’s widow Lisa, who has brought the action on behalf of herself and her daughters, is represented by attorneys Terrence Bharath and Andre Le Blanc.