Dear Sir,

As was noted in The Royal Gazette correction on Friday, October 10, the Bermuda Hospitals Board had explained last year why it was going ahead with a Privy Council appeal in the case against Kamal Williams.

This case is primarily driven by, and is being fully funded by, our insurance company as there are clinical and legal implications to this case that are of public importance. From the comments made under the original article in The Royal Gazette, people could not understand why the BHB would take on the cost of a Privy Council appeal to avoid paying the compensation.

In the interests of public disclosure, the BHB wanted to ensure that it followed up on the correction in The Royal Gazette with the explanation below.

The outcome of this case could change the legal framework and this impacts how future cases are deliberated on.

This will impact future costs, not only for the insurer, but for the BHB and for any other provider delivering healthcare in Bermuda and the UK. This is why our insurer is funding the case. This is also why the NHS has an interest in the matter. The NHS would not be interested in a case based purely on an individual issue of compensation.

Our insurers, who are paying for the case so that it can gain legal clarity, also wanted to make it clear that all funds previously assessed by the court have been paid to Mr Williams. This includes the latest award. Our insurers have confirmed that, even if the appeal is successful, there is no intention on the part of our insurers to seek to recover from Mr Williams compensation already paid in respect of pain, suffering and loss of amenity or any financial losses suffered personally by him.

Yours sincerely,

VENETTA SYMONDS

Chief executive officer

Bermuda Hospitals Board