DMEDICAL doctors of the Gov. Celestino Gallares Memorial Hospital (GCGMH) who were suspected of harvesting the heart of a baby girl apparently for training purposes were charged with criminal offenses. The government physicians were identified in the charge sheet as Doctors Laur Jena Lagulada, April Lumuthang and Arlene C. Galo. They were named as respondents based on an investigation data form filed with the National Prosecution Service of the Department of Justice. The charges were filed against the three doctors for violation of Republic Act No. 9208 or Anti-Trafficking in Person Act by complainants Cresenciano Lamoste, 26 and Adelyn Gonzales, 21, the document showed. Under the RA 9208, it is “unlawful for any person, natural or juridical, (section 4 paragraph (g)) “to recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person.” Section 10, paragraph (a) of the law provides that “Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)."
Lamoste and Gonzales, residents of San Roque, Maribojoc, Bohol , are the parents of two-month old Creslyn Gonzales Lamoste, whose heart organ was allegedly removed by the doctors through an authorized autopsy. The baby girl was confined at the government hospital because of severe pneumonia on September 23, 2009 at around 7 in the morning, this according to the criminal complaint. In their joint sworn statement, the parents said that they caused the filing of the charges against the aforesaid doctors “who conspired to commit the criminal act,” referring to the alleged heart removal. The complainants alleged that Dr. Lagulada “wanted an autopsy of our daughter” despite their refusal but “she insisted.” “Dr. Arlene Galo, for her part, threatened and warned us that if we would not agree to an autopsy, they would not admit us or our children to the hospital anymore in case we get sick in the future,” said the complainants.
Gonzales, the mother of the baby, said in the same affidavit that she was made to sign the document, which served as a “waiver” for the autopsy. But she said she did not understand the contents “because the nurse did not explain the contents of the document.” The nurse was not identified in the joint affidavit, however. The three doctors who conducted the autopsy did not tell the parents why they (doctors) have to remove the baby's heart. “We have suffered a lot. We lost our daughter. We also buried our daughter whose heart was removed without our consent and approval. I, Adelyn Gonzales, also suffered body malaise and fatigue because of this. We could not understand why they insisted on an autopsy and later removed the heart when the cause of death was pneumonia,” said the parent-complainants.
The administration of GCGMH explained why the need for an autopsy of the two-month old baby girl who died of severe pneumonia, Dr. Edgar Pizarras, hospital spokesman, said in an exclusive interview earlier. Pizarras said that the baby Lamoste was admitted at the hospital on Sept. 21, 2009 and she died at around 7:35 AM two days after due to what he called “pediatric community acquired pneumonia D, Sepsis.” The baby girl had also suffered from “severe malnutrition,” he added. Creslyn Lamoste's death certificate issued on September 23, 2009 was signed by Catherine H. Operario, M.D., medical officer III of said hospital. The said document was received by her grandmother Olympia Lamoste. Licensed embalmer Gelfon Dano, 27, single and resident of Ubujan district presently working at Rodan Memorial Funeral Homes, Sta. Cruz, Calape town who did the embalming of the cadaver of the dead baby, said in his affidavit that he was “surprised because there was no more heart inside.” He said he immediately informed the parents of what he uncovered. This reportedly prompted the parents to seek assistance from authorities concerned.
Pizarras said that the autopsy was done in a legal manner because Creslyn's mother had given consent in a signed document to the doctor or pathologist, who did the autopsy. He also confirmed that the doctors who did the autopsy had taken samples or specimens from kidney, liver, and lungs of the baby's cadaver. He said this is like a standard operating procedure in taking specimens from the cadaver when autopsied considering that GCGMH is a training hospital. It appeared that gathering specimens is a must-do for a training facility like the GCGMH or any government-run hospital to sustain or maintain its status and accreditation, he said. He said that the parents were apprised when they sign the consent for the autopsy procedure. But he said that the way it was explained about the procedure of autopsy may not be thoroughly elaborated especially the taking of the heart organ. This writer tried to contact Dr. Lumuthang in her cell phone to get her side but she was having work yesterday afternoon. The same effort to get in touch with doctors Lagulada and Galo at the said hospital for comments but failed. Meanwhile, Health Sec. Francisco Duque III reportedly said in media briefing during the regional congress of barangay nutrition activity here that he would order for an investigation on the matter. (With reports from RVO)
|