-
-
-
The aftereffects that the plaintiff presents were caused by cranial encephalic trauma.
They [the aftereffects] are of an irreversible nature, particularly the cognitive
disorders. The motor disorders can be reduced through adequate physio-kinesiologic
therapy.
The medical treatment, the surgical procedures, the pre and post-operative
therapeutic measures were adequate for someone with the clinical history presented
by the plaintiff.
The treatment should be predominantly psychiatric in order to medicate them (sic)
with the necessary drugs to reduce anxiety, aggressiveness.
Physio-kinesiologic therapy treatment should be given in order to re-teach him his
motor skills with a frequency of two sessions per week and at a cost of 40 pesos per
session.50
56.
The expert clarified that the physio-kinesiologic therapy treatment should be given
for at least a period of two years51 (with a frequency of two sessions per week)52. The psychological
expert further recommended that psychotherapy treatment should consist of three weekly sessions
of individual and group psychotherapy at an estimated cost of thirty pesos per session “for however
long it is required to obtain an improvement, which is estimated to be at least two years” 53.
D.
Effects of the facts on Sebastian’s family and family relationships
57.
At Posadas National Hospital in June 1991 —when Sebastian was 16 years old—
individual interviews were held with him and his father, the records of which show issues in family
relations stemming from the accident. At that time, it was also noted that the accident entailed
great suffering for the father, who as of the time of the accident “became fully responsible for his
son, both for his physical rehabilitation and for the general oversight of his conduct.”54
58.
Regarding Sebastian’s family relationships and the conduct of the members of his
family (mother, father, brother and sister), the report of the medical-psychological experts carried
out in the context of the civil suit for damages highlighted the following: (i) the disturbing and
problematic relationship after the accident of Sebastian with his father, who has taken full
responsibility for Sebastian; (ii) after the accident Sebastian’s mother begins to work outside the
home and her role in the home is performed by Sebastian; (iii) the reversal of roles in Sebastian’s
family (Sebastian takes the place of the mother as the object of control of the father, and the father
50
Sebastian was 23 years old when he underwent this examination. The expert medical examination conducted by
Dr. Juan Carlos B. Brodsky, court-appointed expert neurologist in the case proceeding records titled “Furlan Sebastian Claus
v National State for Damages”, submitted during the case on November 15, 1999, pages 269 and back. Annex.
Communication of the State received on October 15, 2008. For the purposes of the present report, in reproducing the
verbatim quote, spelling errors of written accents were omitted that were present in the original; this, however, does not
entail any alteration of the substance or content of the quote. Free translation by the IACHR.
51
Clarification of expert examination report submitted by Dr. Juan Carlos B. Brodsky, undated. Case proceedings
record titled “Furlan Sebastian Claus v National State for Damages”, page 274. Annex to communication from the State
received on October 15, 2008.
52
Sebastián was 23 years old when he underwent this examination. The expert medical examination conducted by
Dr. Juan Carlos B. Brodsky, court-appointed expert neurologist in the case proceeding records titled “Furlan Sebastian Claus
v National State for Damages”, submitted during the case on November 15, 1999, pages 269 back. Annex to
communication from the State received on October 15, 2008.
53
Expert Medical-Psychological examination report prepared by Dr. Luis Garzoni, court-appointed expert in the case
proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on an illegible date
and forwarded to the parties in court order on March 5, 1999, page 246 back. Annex to communication from the State
received on October 15, 2008.
54
Case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, pages 215-216. Annex
to communication from the State received on October 15, 2008.