Civil lawsuit between girl in vegetative state and Hospital Authority ends, for now

A civil lawsuit between the family of eight-year-old Chau Tin-yu – who has remained in a vegetative state since a surgery in May 2020 – and the Hospital Authority ended on Tuesday as the two sides finally came to a settlement after three years. 

Chau was diagnosed with stage 4 rhabdomyosarcoma – a rare type of cancer affecting muscle tissue – in 2018 and underwent surgery in May 2020 at Queen Mary Hospital to remove a tumor. Yet, Chau’s parents said mistakes were made during the surgery and caused a 58-minute delay in blood transfusion. 

Although resuscitation was successful, Chau’s brain was severely damaged because of the long period of oxygen deprivation, and she has been in a vegetative state ever since. 

On Tuesday, Chau’s father told Sing Tao Daily, The Standard’s sister paper, that his lawyer informed him that the civil lawsuit against the HA finally ended as the two sides came to a settlement after three years, with the last legal procedure completed. 

Yet, he cannot disclose the exact terms of their settlement. 

He also said this is a civil case, and the settlement means that the HA will compensate for the clinical liabilities in this medical blunder. He added he would consult barrister Albert Luk Wai-hung and continue to pursue the HA’s criminal liabilities, including if medics changed the medical record. 

When asked if he was satisfied with the settlement, he said: “No amount of money would ever make me satisfied.” 

He asked: “How much money would you be happy with if you had to be in a vegetative state since four and lie in a bed for the rest of your life?” 

He noted the settlement could probably secure the medical expenses for Chau in the future, but he was more concerned that Chau’s daily lives and after-life arrangements would be left unattended. 

He sobbed and said: “I am 40 this year and I also suffer from cancer. I don’t even know if I can hug Tin-yu eight or 10 years later.” 

The father also said agreeing to the settlement is in Chau’s interests and the best option at the moment. He also said he didn’t want to take it and stressed that he wouldn’t thank the HA. He added that the settlement means going into the next phase but not the end. 

The father also revealed to Sing Tao that his health condition was okay after undergoing 25 chemotherapy sessions. He has an operation next Tuesday to remove a suspected disease focal and another in late November to early December to remove a tumor in his hand. 

The Hospital Authority (HA) spokesman said its legal team will maintain close liaison with the legal representatives of the patient's relatives to follow up on the issue.

HA stressed that the settlement does not represent an admission of liability from any party whatsoever. 

The spokesman said HA is deeply concerned about the patient's condition, and the medical team will continue to provide her with appropriate treatment and care. 

Also read: Parents want justice for 6-year-old daughter in vegetative state (Oct 10, 2021)