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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,
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
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.