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Accusations of Abuse in Institutions

 

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Stuff
March 13, 2002

Number of Porirua abuse cases rising by the day
NZPA


The number of people coming forward with claims of abuse while in care at Porirua Hospital's psychiatric department, is rising by the day, the lawyer representing them said today.

While yesterday's claim of 25 was probably exaggerated, Wellington lawyer Sonja Cooper said the actual figure was rapidly rising.

She said today she planned to speak to at least six more people who had contacted her about lodging claims against the Government alleging they were sexually, physically and emotionally abused in the hospital's care from the mid-1960s through to the late 1980s.

Some have claimed they were subjected to electro-convulsive treatment (ECT) - sometimes without anaesthetic - and given painful injections of the drug paraldehyde as a punishment.

Ms Cooper, who specialises in health law, said she would arrange to meet new claimants today.

"There's probably 15 people who definitely want to take things further at the moment," she told NZPA.

"They are people who I am meeting with and who want to pursue some sort of action.

"There are different degrees of what people want to achieve, but I would say that that number is continuing to rise."

Most of the claimants had been children under the age of 20 when the alleged abuse took place, but there was one case - still to be clarified - of a person who was an adult at the time.

The next step after identifying all the legitimate claims was to take the cases to the Health Ministry.

"My next approach will be to the ministry to see if they want to look at the matter outside the court," Ms Cooper said.

"If they do, then that's good and if they don't then we'll obviously look at filing proceedings. I would like to think that the ministry will have some dialogue in relation to it."

While monetary compensation was the likely outcome of successful cases, Ms Cooper said claims would not necessarily be based on the Government payment to patients of similar claims of abuse at Lake Alice Hospital in Manawatu.

They received an apology and a $6.5 million compensation payout.

"It seems to me the Government settled on a figure, but I don't think one would say there was any great legal rationale behind it," she said.

"We're not basing claims on that figure. Obviously if you're going to court you have to make it economically viable. These claims are hideously expensive."

Taking action against individual staff members was "a possibility" but "at the end of the day, the reality is who's got the deepest pockets," she said.

"And you've also got to look at the fact that with staff members, their employer is vicariously liable for their actions", and that was the ministry.

Ms Cooper is assisted by Nelson-based lawyer Jane Hunter who represents just one patient, but first advised Ms Cooper of the alleged incidents.