A lawsuit concerning the establishment of renal dialysis centers at the Eric Williams Medical Sciences Complex (EWMSC) and the San Fernando General Hospital (SFGH) is set to be heard by the Privy Council. Justices of Appeal Peter Rajkumar, Maria Wilson, and James Aboud were informed during a virtual hearing on July 10 that the parties involved had reached an agreement on the preparation of a record of appeal and an application for final leave. The application is expected to be filed by September.
In January, Justices of Appeal Allan Mendonca, Prakash Moosai, and James Aboud allowed an appeal by the State but modified the initial orders made by the High Court in 2021. The Appeal Court granted the Cabinet 42 days to make decisions regarding proposed variations in the construction and operation of the renal dialysis centers.
The appeal stemmed from an order by Justice Robin Mohammed for the Government to decide within 42 days on the construction and operation of these centers, which had been stalled for over a decade. Justice Mohammed’s ruling in favor of Comprehensive Nephrology Services Ltd (CNSL), Biomedical Technologies Ltd (BTL), and the Caribbean Kidney Disease Society (CKDS) highlighted the need for these facilities due to a growing demand for renal replacement therapy.
However, the Appeal Court emphasized that no court could mandate a public authority to make decisions based on a court’s view of necessary considerations. The ruling stated that 42 days was a reasonable timeframe for the Cabinet to decide on proposed variations and dismissed the notion of a constitutional right to a specific standard of public health care.
Representatives for the entities involved in the case include well-known legal professionals such as Ramesh Lawrence Maharaj, SC, Ronnie Bissessar, SC, and Varin Gopaul-Gosine. Senior Counsel Michael Quamina represented the Government’s side during the recent hearing on July 10.
