Justice Su Tiang Joo awarded K Vimal Raj RM6.4 million for the purchase of one robotic arm and two prosthetic legs.

The judge also awarded Vimal RM213,000 for pain and suffering suffered as a result of the several amputations he underwent. In addition, Vimal was awarded RM180,000 for home care and another RM20,000 in aggravated damages.

However, Su disallowed a claim by Vimal’s father, J Krishnasamy, for loss of earnings.

“There was no documentary evidence submitted to prove his case,” he said in his judgment.

The award was made following an assessment of damages after the government conceded liability. The assessment hearing saw the plaintiffs – Vimal and Krishnasamy – call 11 expert witnesses against four for the government.

Vimal and Krishnasamy were also awarded RM200,000 in costs.

Lawyers Brijnandan Singh Bhar, Harwinder Kaur, Dhanesh Subramaniam Nair, Natasha Bhar, Jasween Kaur, Keshvinder Kaur and R Vinushini represented the father and son.

Federal counsel Siti Asmath Che Man appeared for the government.

The plaintiffs had sought RM18.3 million in damages.

Krishnasamy had brought the suit in 2020 when Vimal was a minor, naming the health ministry, Ampang Hospital, three doctors and the government as defendants.

Vimal was included as a co-plaintiff after he turned 18 last year.

The claim against the hospital and the doctors was withdrawn after the government accepted it was vicariously liable.

According to the statement of claim, Vimal became permanently disabled in 2019 following several operations which resulted in the amputation of his left hand below the elbow, right leg below the knee, and left heel and toes.

Krishnasamy, 51, a former lorry driver, said he was forced to resign from his job to care for Vimal. His wife, a security guard, then became the family’s sole breadwinner.

According to the statement of claim Vimal was a normal child without any critical illnesses or genetic issues, except for an allergic reaction in his genital area.

On Jan 15, 2019, Vimal was admitted to Ampang Hospital.

He was initially diagnosed as only suffering from “balanitis”, said to be a treatable condition. He was discharged just two days later despite not having fully recovered.

He lost consciousness at his home and was immediately taken to the hospital’s emergency department for urgent medical treatment.

On Jan 23, Vimal fell into a coma and was placed in the intensive care unit.

One of the medical personnel attending to the boy then instructed Krishnasamy to sign a blank consent form without clarifying the risks and type of treatment or medication they would be administering to his son.

The following day, the father noticed that Vimal’s toes and hands had blackened and become swollen.

Krishnasamy said the hospital’s medical personnel did not provide any information on his son’s worsening condition.

Between March and November 2019, the boy’s limbs were amputated, resulting in severe disabilities.