Infants death

Yesterday, the Supreme Court sentenced two nurses to five years in jail after they pleaded guilty to negligence causing the manslaughter of the infants, Lana Samuelu and Lameko Sui.

When delivering the decision, the acting chief justice Vui Clarence Nelson said a medical report showed the vaccine had been incorrectly mixed with an expired anesthetic.

He added six months to the five-year sentence of Nurse Luse Tauvale, who also pleaded guilty to conspiring to defeat the cause of justice by concealing the syringes and the bottle which contained the anesthetic.

While handing down his decision today, Acting Chief Justice Vui Clarence Nelson stressed that there is no question in his mind that an imprisonment sentence is required.

He also stressed that the defendants are accountable for the harm that they have caused not only to the victims, whose lives were cut short but also the harm to the two families involved.

Senior nurse Luse Emo Tauvale pleaded guilty to the two charges of manslaughter and one charge of attempting to obstruct and defeat the cause of justice for the death of both Lanacalysteh Samuelu and Lameko Si’u.

V1Samoa reported that this raised the ire of Chief Justice Patu TIavasue Falefatu Sapolu who asked the nurses if they still wanted lawyer Lefau Harry Schuster to represent them.

He said the court had the authority to make a change in their legal representative if needed.

The nurses, Leuatogi Te'o and Luse Emo Tauvale, told the Supreme Court they still wanted the former parliamentarian to represent them.

Talamua Online reports the inquest into the death of the one year olds, was called in the District Court last week.

However, the prosecutor made an application that since the matter is now before the Supreme Court and the nurses are charged with manslaughter, it is appropriate to wait until the case is finished.

The prosecutor also pointed out that police only just received a post-mortem report.

A lawyer for the parents of the babies, Muriel Lui, argued that there were two different matters to be heard in two different courts.

A Commission of Inquiry opened in Apia today into the one year olds' deaths soon after receiving the inoculation for measles, mumps and rubella.

The hearing began with a public apology to the families and the country by the National Health Service's chief executive Palanitina Tupuimatagi Toelupe.

She told the inquiry the death of the babies had caused great sadness and deep concern to the whole health service.

A statement from the Attorney General, Lemalu Herman Retzlaff confirmed that one of the nurses involved with the vaccination injections of the two babies who passed away 6 July, 2018, was charged by police on Saturday 4 August, 2018. 

Lemalu said the nurse will appear in Court 14 August 2018, where the charges will be confirmed publically. 

According to the AG, “the file was referred to this office for advice last week, after swift and hard-working investigations by the CID section of the Ministry of Police both in Apia and Savaii, which is to be commended.” 

The infants both one year old died suddenly on Savai’i last week after receiving the MMR vaccine that protects against measles, mumps and rubella.

Chief Executive Officer of the Ministry of Health, Leausa Dr. Take Naseri says the injections have been examined and were found clean as claimed by the nurses in Safotu.

“There was nothing wrong with the vaccines.”

“All these vaccines have series of testing to make sure they are safe and effective for curing diseases,” said Dr Naseri.

He added that he is also concerned about the safety of the nurses involved.