By Joseph Hall Toronto Star

A young boy who has been in a virtual coma for seven years after undergoing a tonsillectomy is to receive what his lawyer says is one of the largest medical settlements in Canada.

Toronto lawyer Richard Sommers says Javon Michael Williams, 9, was last week awarded a minimum of about $9 million from the North York General Hospital, where he suffered severe brain damage while recuperating from the relatively simple operation.

Madam Justice Mabel Van Camp made the judgment Sept. 15, based on an earlier assessment of damages agreed to by both parties.

"I don't know how to put this into words," said Javon's mother, Judy Williams.

"It has set my mind at ease because after seven years we finally know what happened to him on that day."

That day was March 13, 1985, when 17-month-old Javon had his tonsils and adenoids removed at the Leslie St. hospital.

He was placed in the hospital's tonsil suite, where he suffered a respiratory arrest that caused brain damage, Sommers said.

"Our position was that the hospital failed to monitor his condition with sufficient care," Sommers said.

"He was placed in a semi-comatose state, unable to be aware of his surroundings, he's remained in that state until today and will remain that way forever."

Sommers said hospital staff not only failed to detect the boy's labored breathing in time but gave him an overdose of codeine, an inappropriate treatment.

Javon and his mother, whose husband Walbert is an unemployed laborer, will be paid in monthly instalments beginning at $6,733 and indexed at 3 per cent a year.

But Javon's estate, Sommers said, is worth a minimum of $9,010,183 right now and he could receive as much as $14 million should he live to be 50.

While ordering the hospital to pay, Van Camp said a cross- claim between the hospital and some of its staff over damages would continue to be heard.

A hospital spokesperson refused to comment on the case, saying it was still before the courts and no final judgment has been given.

But Sommers said the battle was now solely between the hospital and staff involved in the incident over who should be responsible for the damages.

The hospital was also ordered to pay $181,371 to the Ontario Health Insurance Plan and $226,785 to the provincial community and social services ministry.

"I cannot tell you whether this is the largest settlement in Canada, but it is certainly one of the largest, without a doubt," Sommers said.

Williams, a homemaker who attended every day of the Ontario Court, general division, hearings, says the money may allow the family to take Javon home from Bloorview Children's Hospital.

"It would mean an awful lot, having him at home," she said.

"He would need a lot of care; he does not really know what is happening to him.

"We talk to him, but it is hard to tell what is happening. He does have a brother and sister though, and he should be with them."

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