Castillo Momtufar, who ordered that he be taken immediately to the hospital 15 after diagnosing a
complicated fever, septic shock, and bilateral bronchopneumonia. 16
3.
Second admission of Mr. Vinicio Antonio Poblete Vilches to the Sótero del Río
Hospital
40.
That same February 5, 2001,17 Mr. Vinicio Antonio Poblete Vilches was again taken
to the Sótero del Río Hospital, where he was admitted to the Emergency Service. According to the
family’s statements, once there Dr. Luis Carvajal Freire informed them that their father had a “simple
bronchopneumonia.”18
41.
According to the family’s statements, Mr. Vinicio Antonio Poblete Vilches remained
in the Surgical Intensive Care Unit, where a doctor informed his son that he needed a mechanical
ventilator and while that facility did not have one, there was one available in the Medical Intensive
Care Unit.
42.
When Vinicio Poblete Tapia asked one of the doctors about the artificial respirator,
he was told that “they would gain nothing by connecting him to one, since he was only going to last
another week.”19 The family claim they called to different tv channels and that a journalist informed
to them that they got the respirator and informed that to a doctor, but they are unaware what
happened with it.20
43.
The key aspects of the family’s narrative of what happened during the second
admission are consistent with the legible sections of the medical case file in the IACHR’s possession.
44.
Thus, under February 6, 2001, it indicates the following:
Released 3 days ago from the medical (illegible), after being in medical (illegible) for
APE and cellulitis of left leg. Presented pericardial and pleural effusion drained by
video (illegible). Also presented progressive compromised general conditions with
coughing, expectoration, and irregular consciousness. Patient received in very
serious (illegible) acute respiratory failure.
(…)
15 Annex 10. Statement given to the First Civil Court by Sandra Zoraida Castillo Momtufar on December 3, 2003
(annex to the State’s submission of September 23, 2008); Annex 11. Prescription issued by Sandra Castillo Momtufar on April
2, 2001 (annex to the State’s submission of September 23, 2008); and Annex 4. Statement given to the First Criminal Court by
Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008).
16 Annex 6. Criminal complaint lodged with the First Civil Court by Blanca Margarita Tapia Encina and Cesia Poblete
Tapia on November 12, 2001 (annex to the State’s submission of September 23, 2008), and Annex 7. Complaint filed with the
First Civil Court by Vinicio Marco Antonio Poblete Tapia on October 7, 2005 (annex to the State’s submission of September 23,
2008).
17 Throughout the file there are inconsistent references as to whether the second admission occurred on February 3
or February 5. From a comprehensive analysis of the available information, the IACHR concludes that it occurred on February
5, 2001.
18 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006
(annex to the State’s submission of September 23, 2008) and Annex 3. Statement given to the First Civil Court by Cesia Leyla
Tapia Poblete Tapia on September 14, 2006 (annex to the State’s submission of September 23, 2008).
19 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006
(annex to the State’s submission of September 23, 2008).
20 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006
(annex to the State’s submission of September 23, 2008).
7