Netcare responds to application brought by former employees and surgeons
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2011
Wed
07
Dec
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Netcare Ltd (Netcare) has received notification of an application for a ‘permanent stay of prosecution’ of the criminal case before the Commercial Court in Durban. The application has been brought by former Netcare employees (Lindy Dickson and Melanie Azor) and the four surgeons charged in the case.
The matter has been a protracted one which started nearly 10 years ago. We are sympathetic towards the plight of both Miss Dickson and Mrs Azor who, at the time were qualified nurses employed as transplant coordinators at Netcare St Augustine’s Hospital, Durban. Both have since completed their medical studies and qualified as doctors.
We are also extremely concerned about the health of Miss Dickson who has suffered from cancer and are mindful of the effect that the many delays in this case have also had on Mrs Azor. We have been assured by both Miss Dickson and Mrs Azor that they were not involved in any wrongdoing and that they did not commit any of the offences with which they have been charged. Notwithstanding these statements, Netcare assumes that its comprehensive policies and procedures regarding organ donation were not adhered to in every case at Netcare St Augustine’s Hospital. Had they been, this matter would never have arisen.
Netcare has covered Miss Dickson’s and Mrs Azor’s legal costs to date; as it would for any of its employees not shown to have committed illegal acts. As Miss Dickson continues to claim she has not acted illegally, we are prepared also to offer to provide medical monitoring and, if necessary, treatment should her illness recur. We hope that this will set her mind at rest in this respect.
Netcare cooperated voluntarily and fully with the prosecuting authorities from the outset of this matter. Although denied in sworn affidavits by employees, the Prosecuting Authorities’ charge sheet suggested that certain Netcare employees had in all likelihood committed one or more offences. Even though these offences were completely unbeknown to us, Netcare concluded that in accordance with the company’s policy of integrity and accountability, it should accept it was vicariously liable for the conduct of its employees.
Statements made by Belinda Rossi
The statement in the affidavit made by Belinda Rossi (a former employee of Netcare and its National Transplant Coordinator at the time of the procedures at Netcare St Augustine’s Hospital) that she had informed Dr Richard Friedland about her reservations regarding the relatedness of the donors and recipients involved in these operations is untrue. No such conversation took place and our records confirm this.
The National Prosecuting Authority withdrew all criminal charges against Netcare and Dr Friedland and chose to place no reliance on the statements of Rossi.
It has further come to light that Rossi’s husband, Professor Russel Brits, performed multiple transplants that were organised by his wife, transplants from which he has derived considerable financial benefit.
Furthermore, an audit report of the Netcare Transplant Division reveals that Rossi personally benefitted financially from these transplants. Rossi resigned from Netcare’s employment the very day the audit report was published. Her resignation was without warning, voluntary and with immediate effect as of that date.
We have been advised that there is independent evidence in the possession of the police showing how, before the transplant programme she organised began, Rossi misled people in Israel about the requirement of relatedness between the donors and recipients. This was done despite Netcare having extremely strict guidelines and policies in place about the very issue of relatedness.
We are of the opinion that Rossi has attempted to blame Netcare and Dr Friedland to escape prosecution herself and to secure some sort of indemnity for her husband.
Whilst we have been assured that the process of organ donation is generally uncomplicated for a donor and should have no long-lasting negative effects, we will consider making healthcare assistance available to any donor who has suffered complications with regard to their health as a result of the donation.
We will follow the current application with interest and continue to assist the authorities in any way we can. We are sure that in the end justice and common sense will prevail. Netcare is desirous of getting to the bottom of what really happened under the tenure of Rossi as the National Transplant Coordinator.
Source: Martina Nicholson Associates (MNA)
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