Ms. Vera Valdez testified that upon arriving at the hospital, her son did not
undergo surgery given that:
“[they] told her […] that they were going to keep him there with blood
serum and pills […] until Monday when the doctor [on duty] was to arrive
to perform the operation […]. [As such, she] approached the police officer
[in charge] and [asked him] ‘but if there is no doctor, why don’t we take
him to the hospital in Quito?’. [He] told her, ‘They have not given me the
order to get out of here […]. You will have to wait until Monday for the
Judge to give the order to take him [sic].’ […] And, from there […her] son
remained there. [She] cried, […] begging the nurses for help to [obtain]
the order […] to be able to take him to Quito, but it was impossible. […]
From there, Monday came. The doctor who was set to operate on her son
examined him and told her, ‘Madam, I will not operate on him, he must go
to Quito,’ […] because his condition had advanced significantly […].”
67.
The Court highlights that these affirmations were not contested nor
disputed by the State, and thus they are deemed as proven.
68.
The Court notes that on April 22, Mr. Vera Vera was transferred in an
ambulance from the Hospital of Santo Domingo de los Colorados to the
Eugenio Espejo Hospital of Quito, allegedly “at the request of the police
corps,”80 and that he was hospitalized at the latter hospital at 14:55 hours.
There, he underwent an “emergency exploratory laparotomy” from 21:10
hours on April 22, until 1:45 hours of the next day. As a result of the surgical
intervention, Mr. Vera Vera was diagnosed with: “free flowing purulent liquid
in the amount of more or less 2000cc,” “with multiple abscesses, corredera
parieto cólica and fosa esplénica”, “a perforation of about 4cm in the
antimesenteric border, with an intestinal escape,” a “major area with dressing
affecting the greater ‘espilón,’ stomach, spleen, transverse and descending
colon, and left anterolateral abdominal wall, purulent film diffusely distributed
in the small and large intestinal loops,” “necrosis in the transverse and
descending colon adjacent to the perforation.”81
69.
In this context, the Court highlights that according to the statement of
Ms. Vera Valdez (supra para. 21), she and her husband were forced to obtain
a loan to cover the costs of the ambulance transfer of her son from the
Hospital of Eugenio Espejo of Quito. Ms. Vera Valdez stated, moreover, that
once at the hospital, Mr. Pedro Miguel Vera Vera was not seen until she
obtained through her own means, using her lack of money, two of the four
pints of blood requested by the hospital. Mr. Vera Vera was operated on “at
about nine in the evening” of that day. The sworn statement of Mr. Vargas
80
Official letter 123-DHSD-93 addressed to Elsie Monge, President of the CEDHU, and
signed by the Director of the Hospital of Santo Domingo de los Colorados, on July 13, 1993, to
which the clinical history no. 100036 is attached, of the Internal Medical Services (case file of
annexes to the brief of pleadings and motions, annex 14, folios 572 to 574), and official letter no.
7972-OIDP del Chief of the Office of Criminal Investigations of Pichincha on May 6, 1993,
addressed to Elsie Monge, annexed to the part on the lifting of the body of Pedro Miguel Vera
Vera, on April 23, 1993, and report no. 2016-OIDP of the National Office of Investigations, of
April 4, 1993 (case file of annexes to the brief of pleadings and motions, annex 17, folios 588 to
590).
81
Clinical history of Pedro Miguel Vera Vera, General Surgery Services, Hospital Eugenio
Espejo of Quito (case file of annexes to the brief of pleadings and motions annex 15, folios 576 to
583).
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