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Fatal injuries act unfair -- Former AG

four-year-old Justin Fisher in calling for "immediate'' changes to the Fatal Injuries (Actions for Damages) Act of 1949.

He charged that the Act made it "cheaper to kill than merely maim.'' The Act limits the amount that can be claimed in the event of the death of someone with no financial dependents to $7,500, which, said Mr. Froomkin, was an "insulting'' amount.

The lawyer, who is now in private practice, further said it was time for the Island to stop "blindly following'' British law.

"What is good in law for England may not be good in law here,'' he said. Mr.

Froomkin said "a crying need for immediate law reform'' was demonstrated by the "tragic deaths'' in Bermuda of Justin Fisher, Bermudian entertainer Ms Wendy Wilkinson, 35, (divorced with no children) and German tourist Antja Herkommer, 28, (unmarried with no children).

He said the lives of the three people -- "abruptly brought to an end allegedly as a result of the fault of others,'' are valued at virtually nothing in monetary terms under Bermuda law.

However, he said if they had been maimed they could sue for personal injury and win an amount much higher than $7,500.

"The reality of the situation should shock you all, as it should shock our legislators.'' Following inquests into Justin's and Ms Wilkinson's deaths while at King Edward VII Memorial Hospital, Coroner's juries ruled in both cases that death was "aggravated by a lack of professional care.'' Ms Herkommer was found strangled last month at Dockyard. A day-release prisoner at Casemates has been charged with murdering her.

Speaking to Hamilton Lions at their weekly luncheon, Mr. Froomkin said, although the family of someone whose death was caused by any criminal act, neglect or default became entitled in 1988 to sue for compensation for bereavement -- even if there was no financial dependency on the person -- the amount was limited to $7,500.

That sum, he said, was based on the amount available under British law -- 3,500 pounds.

The Act allows for the sum to be increased by Parliament, but it has not been, Mr. Froomkin noted.

However, as of April, 1991, the figure in the United Kingdom was increased to 7,500 pounds, which Mr. Froomkin said was "still a derisory amount.'' "One is entitled to ask why the damages awarded in respect of the death of a woman who has been murdered should be the same as those awarded for a woman who died as a result of negligent surgery or hospital care.

"Should the law also not contemplate economic punishment and deterrence as factors in civil claims where death results, and if not why not? "These are serious questions which must not only be asked, but answered. We cannot continue to blindly follow what has been and is being done in the United Kingdom . ..'' Mr. Froomkin suggested looking at other jurisdictions for guidance such as Canada, Australia, Hong Kong and the United States, where he said all have "aggressive, modern law reform commissions with some of the brightest legal minds in the English speaking world available to them.'' Following the inquest last month into Justin Fisher's death, Mr. and Mrs.

Eddie Fisher said it was clear his death "resulted from negligence'' by KEMH staff and called on Premier the Hon. Sir John Swan to "urgently and substantially'' review the Fatal Injuries Act.

Mr. Froomkin suggested there be an immediate increase in the amount of bereavement awards from the present $7,500 maximum "to an acceptable and sensible amount'' which should vary according to the circumstances of each case, from a low of $25,000 to a high of $100,000.

And he suggested the awarding of exemplary damages in cases where the defendant had been found guilty of "outrageous or intentional behaviour.''