DAMAGES SUSTAINED FOLLOWING MARC CAMPUS` DRUG

advertisement
DAMAGES SUSTAINED FOLLOWING MARC CAMPUS’ DRUG POISONING
SUSTAINED BECAUSE OF THE FAULTS COMMITTED BY THREE DOCTORS
FROM THE SMUR OF RODEZ
The purpose of this note is to detail the damages sustained by Marc Campus, his relatives and
associates following the intervention on May 2nd 2009 of three physicians from the SMUR
(emergency ambulance unit) of Rodez when Marc Campus suffered an acute delirious
episode. The behavior of the SMUR physicians, who injected an overdose of hypnotic drugs
to Mr Campus and subsequently tried and cover their mistakes in front of the hospital staff,
caused physical, economic and moral damages.
1- Direct victim : Marc Campus
1.1.
Physical and corporal damage
Physical pain (pretium doloris) directly connected to the overdose of hypnotic drugs: when
he arrive in in the emergency room, Marc Campus sustained a cardiac pause induced by the
overdose of hypnotic drugs administered by Dr Ferrage, doctor on duty that night and familiar
with Mr Campus’ medical history, and three SMUR physicians. The cardiac pause required
CPR and Marc Campus’ transfer to the ICU where he had to receive other treatments to
counterbalance the effects of the drug poisoning. The cardiac pause and subsequent treatments
violated Mr Campus’ physical integrity. The drugs administered prior to and after the event
were very trying physically and delayed Marc’s recovery while he was pursuing rehabilitation
at the time following the CVA he sustained in January 2009.
Inability to carry out common everyday life activities: following the overdose of hypnotic
drugs, Mr Campus had difficulties accomplishing normal everyday life activities which
accounts for a lower quality of life.
1.2. Material or economic damage
Medical and pharmaceutical bills subsequent to the intervention and the faults committed
by the SMUR physicians.
Inability to work: Marc Campus’ new hospital stay delayed his recovery and, as a result,
extended the length of his inability to work and prevented him from getting any income from
his entrepreneurial activities which had been very fruitful up to that day, and currently within
the legal area.
Loss of chance: the SMUR physicians’ faults are a hindrance to Marc Campus’ creative
activities who could not resume normal professional activities. No business development
could be planned during that time, no investment could be made and, consequently, business
activity declined and potential profit was lost. Moreover, the impossibility to negotiate and
sign new business agreements accounts for a shortfall.
Shutdown of companies: following the overdose of hypnotic drugs, Marc Campus was
forced to close two companies: CS1 LEGAL OFFICE CO and TEXAS RIDING CO. The
physical and emotional traumatism sustained by Marc Campus called for reorganization of the
businesses structure and, as a result of Marc’s being the driving force behind the companies’
success, several business corporations could not be maintained. Without the overdose, the two
aforementioned corporations should have been preserved as demonstrated by the
incorporation in August 2009, when Mr Campus started to recover, of a US entity in charge
with the management of all legal matters: CS1 Legal Management Co. The damage can be
analyzed as waste of time and as an economic loss because of the impossibility to develop the
activities of the two entities that had to be closed.
Damages SMUR
29 Jan 2010
Time loss: the overdose of hypnotic drugs account for a waste of time, delaying Marc
Campus’ recovery and, as a result, delaying further the possibility to obtain compensation for
the damages caused by the miscarriage of the French Government as part of the
Misinformation and Heritage cases. Marc Campus was unable to devote himself to the
ongoing procedures that required a lot of energy and in which time (and especially celerity) is
of essence. He saw the day where he would finally obtain compensation for the damages
suffered in the last 29 years because of the French Government move further away from him.
1.3. Moral damage
The circumstances surrounding the SMUR intervention, the ever-present stress prior to and
after the January 2009 CVA due to the ongoing litigations against the French Government
liable for severe malfunctions and violations of Marc Campus’ rights, increase the feeling of
injustice towards the drug poisoning. Marc survived a stress-induced CVA pursuant to the
refusal of French public entities to acknowledge their mistakes and to compensate for them.
The thought of having come close to dying, not because of the CVA but because of the
mistakes of the medical personnel meant to help him, was an extremely traumatic experience.
Furthermore, Marc Campus was deeply frustrated at not being able to pursue his profession
and use his expertise to develop the companies in which he had invested a great deal of time
and energy over the last four decades.
Finally, the moral damage also exists in the fact that Irène Maquard, Marc’s associate
deceased in 2004 who had stated in her will that she wanted the litigations to obtain
compensation for the judicial miscarriage and subsequent misinformation case sustained by
Marc to be continued, had the fulfillment of her wish delayed further.
2- Indirect victims : MARIE CAMPUS and ASSOCIATES
MARIE CAMPUS
2.1. Economic damage
Loss of profit: Marie Campus, as Marc Campus’ wife and associate, also suffered financial
loss because of her husband’s inability to pursue his business activities following the overdose
of hypnotic drugs. This damage is analyzed as a loss of profits but also as a loss of chance to
obtain the financial benefits induced by the normal development of business activities.
2.2. Moral damage
Mental distress: the huge amount of stress pressed upon Marie Campus when the SMUR
physicians intervened because of her fear of a new CVA, the pressures exercised upon her in
order for her to accept the transfer of her husband to a psychiatric unit, the sight of her
husband arbitrarily restrained to his hospital bed and the mental pain subsequent to Mr
Campus’ cardiac pause and the own suffering of her husband are all damages that warrant
compensation.
ASSOCIATES, PARTNERS AND COMPANIES’ SHAREHOLDERS
Loss of profit: those persons and entities were deprived of the profits they could have
received if Marc Campus’ business activities had not been impeded by the SMUR doctors’
faults.
Damages SMUR
29 Jan 2010
Loss of chance: those people and entities were also deprived of the potential benefits
generated by the signature of new business agreements and the creation of new products.
All these damages are direct consequences of the faults committed by the physicians of the
SMUR of Rodez who are liable for the overdose of hypnotic drugs suffered by Marc
Campus. Those damages are in the line with the ongoing litigations against the French
Government whose liable entities will be sued before the US Federal Court.
Damages SMUR
29 Jan 2010
Download