Courts stands up against 'Viagra ruling'

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com

Friday, March 12, 2010

FURNITURE retailer Courts Jamaica Limited has filed an appeal against the multi-million- dollar award to a 26-year-old man it had previously agreed to supply with what amounts to a lifetime supply of Viagra, following an accident that left him impotent.

Courts is finding it hard to swallow the Supreme Court's decision to award Kenroy Biggs $18 million for pain and suffering and wants the Court of Appeal to shrink the sum by $8 million.

Overall, the furniture retailer is to shell out to Kenroy Biggs $45.85 million in damages -- which includes the contested $18 million -- plus legal costs.

The company had agreed to foot the Viagra cost for Biggs to the tune of $1.53 million, a figure that had been affirmed by Justice Bryan Sykes in a ruling late January.

Biggs, from a rural St Andrew community, suffers from permanent erectile dysfunction and his whole person has been impaired by "55 per cent" as a result of a Courts truck crashing into him seven years ago. Biggs also lost part of his left leg by way of amputation.

Biggs was hit by the truck and pinned to a wall while walking in his community on the night of March 23, 2003. He was 19 years old at the time.

Following the accident, Biggs underwent several years of medical procedures, which included urethra surgeries in the United States, along with persistent back and other pains.

Biggs later filed suit against Courts to recover damages. The company subsequently agreed to some of the damages sought by Biggs, including his Viagra expenses.

A medical report said that Biggs suffered from depression as a result of the trauma of the accident. Biggs' constant worry that he may not be able to engage in sexual relations or father a child also contributed to his depression, according to the report.

According to the medical report, Biggs is functioning at "65 per cent of his full overall psychological capacity".

Justice Sykes, in making the award in January, lamented Biggs' plight, while noting that the sum of $18 million was appropriate compensation for pain, suffering and loss of amenities.

Added Sykes: "Mr Biggs has permanent urological damage. There is the permanent problem of stricture of his urethra, which can only be relieved by the painful insertion of catheters. Mr Biggs has permanent erectile dysfunction. He has lost a leg."

But Courts feels that the award should not be allowed to stand. Courts, in papers filed with the Appellate Court, said that Justice Sykes had erred in his ruling.

"The award for pain and suffering is inordinately high and inconsistent with awards made in comparable authorities," according to Courts.

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Courts stands up against 'Viagra ruling'