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Sommers and Roth Professional Corporation
The Toronto Star
Boy wins $20 million for injury in hospital

Oct. 3, 1992
p. A1

By Alan Barnes

A 5-year-old Metro boy has been awarded a total of more than $20 million in damages because he was born with cerebral palsy at Toronto East General Hospital.

It's the largest award for a personal injury action in Canada, said Richard Sommers, the lawyer representing the family.

Romulo Christian Gonzalez suffered severe brain damage affecting all his motor systems while his mother was in labor at the hospital in 1986, said Sommers.

He can't speak and has no use of his arms or legs, Sommers said in an interview yesterday. "He can only communicate with his eyes."

Romulo needs 24-hour assistance for "all aspects of personal hygiene and care" and will for the rest of his life - into his 60s, Sommers said.

The money, to be paid in periodic payments, will provide for the care Romulo requires while continuing to live with his parents, Sommers said.

Romulo's mother Rosa is a doctor. His father, also named Romulo, is a lawyer and Venezuela's counsel in Metro.

 

"I'm really happy with the final decision," Rosa Gonzalez said last night. "Thank you God for everything."

The terms of the settlement were contained in a written judgment yesterday by Mr. Justice Douglas Lissaman of the Ontario Court of Justice, general division.

Gail Paech, president of East General, said last night the hospital accepted liability in the case and sought an out-of- court settlement because it recognized "the requirements for the child" to have the care that the family couldn't afford.

Sommers said Rosa Gonzalez was admitted to East General on Oct. 19, 1986, to give birth. He said there were signs of fetal distress but the staff didn't respond to it.

Sommers said the fetus developed a low heart beat rate and then suffered a lack of oxygen. An emergency Cesarean operation was carried out but "it was too late," he said.

-30-

 

Reproduced with permission of Toronto Star Newspapers Limited