Automatic leave for Children’s Life Fund lawsuit

Leave was automatically granted to attorney Wayne Sturge who, on behalf of the families of four-year-old Shannen Luke and five year-old Terrance Chandoo, is seeking to challenge the decision of the CLFA to refuse funding on the basis that it was legally precluded from approving the applications to access funding from the Children’s Life Fund.

At yesterday’s start of the first hearing of the matter which was filed last week, Senior Counsel Reginald Armour, who leads a team of attorneys for the attorney general, said to Justice Nadia Kangaloo that his client was not objecting to the application for leave for judicial review.

He agreed the issue in the claim was “an important” one but urged that they approach it carefully and prudently in the public’s interest as it may serve to guide future decisions of the CLFA.

Persad-Bissessar said the agreement by the State to not oppose the application was “welcome news” since the issue relating to the interpretation of the powers of the CLFA under the CLF Act to reimburse applicants from the fund was one of “great national importance.” She also disclosed the two children - fouryear- old Shannen Luke and five year-old Terrance Chandoo - were in Italy receiving treatment and the move by the State to not reject the application would be of “great comfort to those families.” Sturge is to file his application before the State responds and the issue of whether the affidavits of Drs Ramesh Mathura and Steve Smith, which were filed in support of the application, could stand as expert evidence.

Those issues will be dealt with at a later stage as Armour said he needed to receive full instructions from his client.

According to the judicial review claim, Sturge, as the claimant in the matter, is seeking to have the court review the policy of the CLFA to not 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 Thalassemia Major (BTM) was not a life threatening disease to receive funding from the fund.

The CLF was established by the People’s Partnership government, led by Persad-Bissessar, in November 2010.

Shannen and Terrance were diagnosed with BTM at nine and eight months-old respectively.

The only cure is a haemopoietic cell transfusion (bone marrow transplant) which is not available locally. Both children require monthly blood transfusions along with daily iron therapy critical for their health and survival