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Simmons gives figures on Lahey case

Attorney-General Kathy Lynn Simmons (File photograph by Akil Simmons)

The final cost of legal action against the US-based Lahey Clinic will top $1 million, the Attorney-General said last week.

Kathy Lynn Simmons added that the Bill stood at just under $999,000, but about $100,000 in legal bills to the overseas law firm hired by the Government to act in the case had yet to be settled.

Michael Scott, a former Progressive Labour Party attorney-general, told the House of Assembly last week that the bill was “bound” to reach $4 million.

Ms Simmons said yesterday that costs would have risen to between $3 million and $4.5 million if the matter had gone to a full hearing.

She added: “However, the matter did not proceed to full hearing as the case was dismissed. Notwithstanding the dismissal, the cost to date of the litigation was still substantial at $998,883.”

Earlier this month, American federal Judge Indira Talwani threw out the case that alleged Lahey conspired with Ewart Brown, a former premier and a doctor, to defraud the island of millions of dollars in healthcare charges.

Judge Talwani said the case could not be considered because Bermuda had suffered no loss in the US. But she added: “It may well be that Bermuda’s allegations as to Lahey’s commission of various predicate acts would suffice for criminal charges ... or civil enforcement proceedings brought by the Attorney-General. However, the focus of this motion is whether Bermuda, as a private party, may bring these charges.”

Ms Simmons said the case was part of the Government’s asset recovery programme, but that “Government is yet to recover any assets from this scheme”.

Ms Simmons has said the case against Lahey will not be pursued.

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