Former heavy-duty mechanic at Bosai Mineral (Guyana) Inc, Fabian Anthony is suing the Company for close to $100 million in damages for a puncture he said he sustained to his skull while on the job.
Citing the loss of 85% of his memory which he said initially hindered him from recognizing his own family, impotency of some 75%, and pegging his medical expenses at $20 million; Anthony described the two million dollars being offered by Bosai for full settlement, as being grossly inadequate.
Anthony alleges that his injury was the result of the Company’s negligence in heeding the “numerous complaints” about an “unsafely” operated crane in the compound of its Linden Industrial Site Mines.
He deposes in his statement of claim (SoC) that on February 2nd of last year he was rendered unconscious after being struck in the head by “an object” which became dislodged from the crane.
He said that numerous prior complaints had been made about the hazard posed regarding “poor operational safety practices,” but “all were ignored” by the defendant Company.
Anthony (the Claimant) said he sustained severe head injuries which included among other things “a massive puncture to the skull,” a laceration, cerebral contusion and traumatic subarachnoid haemorrhage. The bones in his skull he said were visible.
Noting the several surgeries he has undergone, Anthony said he has been plagued by “bouts of fainting, severe headaches, extreme forgetfulness, spatial displacement and amnesia of over 85%” of his memory prior to the accident.
According to court documents seen by this newspaper, Anthony had to be reintroduced to his children as he was unable to recall them, or even his mother, wife and the schools he attended.
The Claimant goes on to depose in his claim, violently waking during the nights and screaming in severe pain while adding that his “sexual performance” has also suffered by as much as 75% following the accident.
“As a married man, aged only 30, this is a serious issue with consequences that will last for decades,” Anthony says.
The father of four who worked with the bauxite mining company for almost a decade said that while he has undergone treatment locally, he is financially unable to afford further overseas medical care which is needed to restore his brain and bodily functions.
Anthony said his injuries are lifelong and will require “complete retooling” if he is to be able to support his family.
He adds, too, being unable to afford—whether through insurance—employer’s compensation offers or the National Insurance Scheme (NIS), the specialist medical care needed in the “developed world” to help restore his life to some semblance of normalcy.
He alleges having suffered “permanent partial disability” which he said has rendered him incapable of returning to work in a high intensity duty or noise-filled environment; while noting his Doctor’s prognosis of him being “on continuous prophylaxis medication for seizures and pain management. In conclusion, Mr. Anthony’s injuries are considered severe and repercussions of such injuries can be continuous for an indefinite period.”
Anthony said that while Bosai has not accepted liability, its “numerous offers to settle,” by way of “paltry” sums—the most recent being $2,000,000 as full settlement—is indicative of its “acceptance of liability.”
The Claimant argues through his Attorney-at-Law Eusi Anderson, that the Company has no defence to the claims and reliefs he is seeking
He contends that at the time of the accident he had been exercising every care expected of him, but that it was his employer who among other things, failed to provide him with the “requisite protection gears, tools and training to protect himself from hazardous equipment and materials.”
Anthony is suing for in excess of $20,000,000 for medical expenses which he says include future surgery and specialist care; and for indefinite seizures, prophylaxis and pain management which said are still to be quantified.
For loss of future earnings, he is suing for $15,000,000 and for negligence, he is suing for more than $50,000,000.
In addition, he is seeking interest in accordance with the Law Reform (Miscellaneous Provisions) Act, court costs and any further order a judge deems just to grant.
