Family settles suit to fund expenses of girl in a vegetative state

Neo Tsim

The family of eight-year-old Chau Tin-yu have settled a civil lawsuit with the Hospital Authority after the girl was left in a vegetative state following cancer surgery three years ago at a public hospital.

She was diagnosed with stage four rhabdomyosarcoma - a rare type of soft tissue cancer that develops in cells that are supposed to develop into skeletal muscle - in 2018 and underwent surgery in May 2020 at Queen Mary Hospital to remove a tumor.

But mistakes were allegedly made during the surgery according to her parents. A 58-minute delay for a blood transfusion severely damaged her brain from oxygen deprivation, leading to her vegetative state.

Chau's father yesterday told Sing Tao Daily, sister paper of The Standard, that his lawyer informed him that the civil lawsuit against the authority finally ended as the two sides came to an out-of-court deal.

He said he cannot disclose the exact terms of the settlement.

"This is a civil case and the settlement means that the authority will compensate for clinical liabilities in this medical blunder," the father said.

He added that he will consult barrister Albert Luk Wai-hung, who has been helping his family in the case, and continue to pursue the authority's criminal liabilities, including whether changes had been made to his child's medical record to cover up the incident.

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

"How much money would you be happy with if you have to be in a vegetative state and lie in a bed for the rest of your life?"

He noted that the settlement could probably fund Chau's future medical expenses but he was more concerned that Chau's daily life and after-life arrangements would be left unattended.

"I am 40 this year and also suffering from cancer. I don't know if I can hug Tin-yu eight or 10 years from now," the teary father said.

"Agreeing to the settlement is in Chau's interests and the best option at the moment" despite not wanting to take it, he said. And he would not thank the authority.

The father, who was diagnosed with sarcoma and stage three lung cancer in August, said he is okay after undergoing 25 chemotherapy sessions.

The authority said the settlement does not mean any party bears responsibility. But it is deeply concerned about the patient's condition.

neo.tsim@singtaonewscorp.com