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Bereavement award doubled

statutory sum payable under the Fatal Injuries (Actions for Damages) Act, Legislative Affairs Minister the Hon. Sir John Sharpe conceded this week.

Last Friday in the House of Assembly, Sir John tabled an amendment to the Act which increased the bereavement award payable from $7,500 to $15,000. The order comes into effect next April.

Sir John noted that the Bermuda Bar Council had recommended raising the award back in 1988.

It made the recommendation again when the UK set the precedent last April by doubling its statutory bereavement award from 3,500 to 7,500. The Council advised that Government make a similar increase, he said.

However, Sir John pointed out it was public pressure that stirred Government into action.

"Earlier this year against the tragic backgrounds of the (Ms Wendy) Wilkinson and (Justin) Fisher deaths, the former Attorney General (Mr. Saul Froomkin) called for a dramatic increase in the amount payable under the Fatal Injuries (Actions for Damages) Act and Government agreed to review it,'' he told The Royal Gazette .

"By way of background the present format was recommended to the Government in 1988 by the Bermuda Bar Council and follows the English legal approach to this subject which is that a person has died and nothing can compensate him or her for what has happened, but, notwithstanding $7,500 may be paid to dependents for `bereavement'.'' The increase was welcomed by Mr. Froomkin, who represents Ms Wilkinson's family, and also by Justin's parents Mr. and Mrs. Eddie Fisher.

They both commended Sir John for moving quickly with the drafting of the legislation.

However, they did not think the amount was high enough.

Mr. Froomkin said he was standing by what he said in a speech to the Rotary Club earlier this year that there should be no limit on the award.

"I'm pleased to see Government has obviously responded to the concerns of the community,'' he said. "The question is should we do something different or follow the UK's lead. I'm not sure $15,000 is adequate.'' Mr. Fisher commented that $15,000 would not help to prevent what happened to their son happening to another couple's child.

"I think it's an extremely modest amount and I don't think it will make doctors think twice about what they are doing,'' he said.

The deaths of Ms Wilkinson and four-year-old Justin were determined by Coroner's juries this year to have been "aggravated by a lack of professional care'' at King Edward VII Memorial Hospital.