80.
According to available information, in 2007 Manuela went to the Cacaopera Health Unit on
four occasions for medical treatment. On January 24, 2007, she presented the following symptoms: headache
at the frontal level for two days, malaise, nausea and epigastralgia. Because of this, she was diagnosed with
acute gastritis and was prescribed analgesics and antiemetics. On May 14, 2007, the alleged victim presented
at the hospital due to headache. In the description of Manuela's symptoms, a mass in her neck behind her ear
was recorded, and she was diagnosed with Cervical Adenitis, for which she was prescribed analgesics. On June
6, 2007, she went to the hospital to check a visible mass in her neck at the cervical level. On that occasion, she
was diagnosed with cervical adenitis and prescribed analgesics. 63
81.
On August 18, 2007, Manuela again went to a medical consultation. The medical report
indicates that she had a mass in her neck that had grown over three months, and a diagnosis of adenitis and
lymphopathy. For this reason, she was transferred to the San Francisco Gotera National Hospital. 64 The
Commission does not have information to determine whether the alleged victim received treatment in this
hospital.
82.
The Commission recalls that on February 28, 2008, the alleged victim was detained at the San
Francisco Gotera National Hospital. It does not appear from the case file that a comprehensive medical
examination was performed at the time of her admission to prison.
83.
According to the case file, on February 6, 2009, while Manuela was in detention, she was
referred to the San Miguel National Hospital. According to a transcription of the original medical report made
after the appointment, the following aspects related to the health situation of the alleged victim were recorded
in the report: i) the appearance of a mass in the lower left side of her neck a year prior, ii) weight loss of more
than thirty pounds in three months, iii) a high fever. The alleged victim was diagnosed with Nodular Sclerosistype Hodgkin lymphoma and was prescribed outpatient chemotherapy treatment. The chemotherapy was
performed on February 14 and April 8, 2009; however, it is clear from the file that treatment should also have
been performed in April and November 2009, and as a consequence of her failure to attend the treatment
sessions, she suffered relapses that aggravated her health situation. 65 The Commission does not have
information to determine the reasons why the alleged victim did not attend these chemotherapy sessions.
84.
According to information provided by the State, it provided nine cycles of chemotherapy to
the alleged victim on the following dates: 1. February 14, 2009; 2. March 6, 2009; 3. April 22, 2009; 4. May 27,
2009; 5. October 10, 2009; 6. October 30, 2009; 7. January 7, 2010; 8. February 18, 2010 and 9. April 29, 2010.66
85.
On January 10, 2010, the alleged victim returned to the hospital, where she died on April 30,
2010.
86.
On October 27, 2011, Manuela's father filed a complaint against the Women's Rehabilitation
Center of the City of Ilopango for failure to transfer Manuela to her chemotherapy sessions in April and
November 2009.67
87.
On November 11, 2011, the Second Prison and Enforcement Supervision Court rejected the
appeal, reasoning that "pursuant to Article 40 of the penitentiary law (...) the action to present the judicial
complaint shall expire after 15 working days from the date on which the event occurred (...)” The Court
Annex 29. Medical Advice in the Manuel Case. Dr. Flor de Maria Peña and Dr. Oliver Barahona. Clinical File 1. January 1, 2011. Annex 11
to the initial petition of March 21, 2012
64 Annex 29. Medical Advice in the Manuel Case. Dr. Flor de Maria Peña and Dr. Oliver Barahona. Clinical File 1. January 1, 2011. Annex 11
to the initial petition of March 21, 2012.
65 Annex 29. Medical Advice in the Manuel Case. Dr. Flor de Maria Peña and Dr. Oliver Barahona. Clinical File 1. January 1, 2011. Annex 11
to the initial petition of March 21, 2012.
66 State’s Report of June 26, 2017.
67 Annex 30. Judicial Complaint against the Women's Rehabilitation Center of the City of Ilopango. Annex 13 to the initial petition of
March 21, 2012.
63
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