Salmonella victim considers suing Burnside Hospital
A victim of the Burnside Hospital salmonella outbreak is considering suing the hospital for negligence.
Jodi Wilkey is one of 16 patients who fell ill during the outbreak, which was earlier this week traced to a filthy food mixer.
Wilkey is still recovering from nearly a month suffering the effects of salmonella poisoning after she ate food at the hospital.
She was originally admitted to Burnside Hospital late last month for surgery on a shoulder injury she sustained at work.
She was discharged from the hospital, but that night realised something was very wrong.
After being assured by doctors she simply had a case of gastro that would go away, Wilkey’s condition deteriorated.
“I woke up and I felt really disorientated – I didn’t even recognise myself in the mirror,” she told InDaily.
“I didn’t know where I was really, or anything, and I knew I had to get back to the hospital quickly.”
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She was readmitted to Modbury Hospital and placed on an intravenous drip for six days.
Wilkey told InDaily she was now beginning to recover from her illness, which has kept her away from work for nearly a month.
“I felt like death for nearly a month and it’s interrupted my life for a whole month,” she said.
“My mum had to help me a lot, and if I didn’t have her I don’t know what would have happened.
“She was the one that helped take care of the house, the kids, everything.
“I’ve only just started to get better in the last week and a half.”
She said she did not know whether her illness was the fault of the hospital, or of the manufacturer of the food mixing appliance.
However, she said she was considering her legal options.
“I think Burnside Hospital is a beautiful place, and all the nursing staff and everyone were beautiful.
“I’m just a bit disappointed that it’s happened in a hospital, but I’m not sure if it’s the fault of (Burnside Hospital), or the fault of the manufacturer of the mixer.
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“I’ve enquired (about legal action) and I’m just sitting on that for a while.”
Wilkey said she would be making her decision about the possible litigation “in the next few weeks”.
On Monday, a spokesperson for Burnside Hospital told InDaily he was not aware of any pending legal action, and that the hospital had not moved to compensate any of those who fell ill from contaminated food.
However, hospital chief executive Heather Messenger said that the hospital accepted responsibility for the outbreak.
“We are confident that there is now no risk of any infection via food handling and that every possible precaution is in place,” she said on Monday.
“Eastern Health Authority also advises that 30 further tests throughout the kitchen returned negative for salmonella.
“We continue to accept responsibility, keep patients informed and express our regret to those who became ill with gastro-enteritis following exposure at the hospital.”
According to Duncan Basheer Hannon partner, lawyer Matt De Gregorio, victims of the outbreak may have a viable case if their lives were affected for more than two weeks.
“The question of whether such a claim would be worth pursuing depends on whether people recover quickly and whether they have any long-lasting effects from salmonella,” he said.
“If a claim is worth less than $25,000 ultimately, then a person is not entitled to claim their legal fees from the negligent party.
“(However, compensation payments) can be quite substantial amounts of money if people are unable to return to work.”
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