Former T&T Finance Minister Awarded Millions In Compensation

PORT OF SPAIN, Trinidad, CMC – A High Court judge has awarded the former finance minister more than TT$18 million (One TT dollar =US$0.16 cents) for the “loss and damage” suffered, following the death of her husband, Russell Tesheira, a senior insurance executive in 2004.

Karen Nunez-Tesheira had filed the law suit six years ago claiming that Gulf View Medical Centre and anesthesiologist, Dr. Crisen Jendra Roopchand, had been responsible for the death of the senior CLICO executive.

In handing down his ruling on Friday, Justice Vasheist Kokaram said that the medical facility and its doctor “committed a cardinal sin” in their care and duty of Tesheira.

“It’s just a sense of relief that this has come to an end and there is closure for us. Although there is a possibility of an appeal, it is a happy day and I am going to enjoy it. For my husband, who died at an early age, myself, and my daughter and son, there is a sense of vindication,” the former finance minister and now law lecturer at the Hugh Wooding Law School said.

The judge awarded her damages amounting to TT$18.034 million, but also gave a six week state of execution so as to allow Gulf View Medical and Roopchand to appeal the decision.

Nunez-Tesheira had filed a lawsuit seeking more than $20 million in compensation, alleging negligence by Gulf View Medical, urologist Dr. Lester Goetz and Roopchand in her husband’s death.

She entered into a legal settlement with Goetz, after the lawsuit was filed and the terms of the settlement were not revealed.

Tesheira died on April 13, 2004, shortly after undergoing surgery.

In his 91-page ruling, Justice Kokaram found Gulf View Medical to be careless and dangerous in performing the post-operation procedure on the patient, and the institution and Roopchand fell woefully short, and both failed to discharge their duties to the requisite standard of care expected of specialists and hospital authorities, in managing the risk of post operative bleeding arising out of a TURP procedure.

The judge said, that had it not been for the failures or omissions and actions by both parties, Tesheira would not have died.

“Mr. Tesheira would have celebrated his 65^th birthday two days ago had he not die during the post operative procedures of his TURP in 2004,” the judge said.

“He would probably have been enjoying his retirement with his family,” the judge said, adding that Tesheira would have missed his daughter Nicola’s graduation from St. Joseph Convent in Port-of-Spain in 2005; State University in New York in 2008 and the completion of her clinical clerkship at Richmond University Medical Centre in Staten Island, NY in 2013.

“Ironically, Nicola would now be qualified as a medical doctor,” he said.

The judge said that from the evidence there had been no expression of regret from those with whom Nunez-Tesheira entrusted the care of her husband.

“Instead, the reaction was quite the opposite of cold and unhelpful responses,” he said.