A 30-year-old Lun Bawang woman and her West Malaysian husband are appealing in the Miri High Court against the quantum of damages awarded to them arising from a medical negligence suit following the death of her mother after delivery by Caesarean section in the Lawas District Hospital seven years ago.

kam agong family 130309 kam agong Agnes Padan, now residing in Kuala Lumpur, and her tourist guide husband Lawrence Jayaraj, 40, filed the medical negligence suit, claiming damages for pain and suffering, loss of income and bereavement for the family, soon after Kam Agong ( right ), then 44, gave birth in the hospital to her eighth child.

She died about a month later despite being medicall treated from bleeding after the Caesarean birth.

Miri Sessions Court judge Azhahari Kamal, after the trial, found the respondents 100% liable and awarded general damages of RM50,000 plus RM10,000 for bereavement but disallowed claims for loss of income.

Not satisfied with the quantum, the family decided to appeal against it.

Decision on July 28

The hearing of the appeal was first fixed on March 4, 2009 in Miri but this was postponed to April 6 where both parties will file and serve written submissions. The decision is scheduled for July 28.

Lawrence told Malaysiakini today that the family members were not happy with the last-minute change of dates as the matter had dragged on for so long.

kam agong family 130309 family “Even since the death of our mother, Agnes and I have been looking after the whole family,” he said, adding that “we have exhausted all we have to provide for the family and to educate all of Kam Agong’s children whom the government neglected and failed to provide.” ( Photo: A 1994 family photo of Kam Agong and her family )

Following the death of his mother-in-law, all her eight children, including his wife, are placed under his wings living in a rented house in Cheras. The late Kam Agong’s husband, Padan Labo, is also in KL working as an odd-job labourer, so also a son is working in KL like his father to fend for his own family of four children.

Agnes and her family want justice, he said, adding that they are seeking punitive damages and justified compensation for the family members.

“Especially for the three traumatized children and for Jeremiah Jordan who was only one month when his mother died.”

They also want a proper, good and effective healthcare system in Lawas District Hospital and all community clinics in the district to ensure that what had befallen Kam Agong would not happen again.