A nine-year-old boy has been awarded almost €50,000 in damages by a court after he suffered a permanent disability when a ventilator malfunctioned at St Luke's Hospital. 

Madam Justice Anna Felice delivered this judgment following an application filed by Christian and Melvina D'Agostino on behalf of Dejan against the Chief Government Medical Officer.

Dejan and his twin brother were born prematurely by caesarian section in December 2004. Dejan was put on a ventilator machine known as a CPAP to provide continuous airway pressure through tubes inserting in his nostrils.

However, due to an equipment malfunction, Dejan suffered burns to his nostrils.  Despite interventions both in Malta and overseas, Dejan's nostrils and his breathing had remained problematic. 

Madam Justice Felice dismissed the parents' claims that Dejan had developed an autistic spectrum disorder as a result of the incident, adding that the boy's twin brother also suffered from this disorder but not to the same degree.

The court however found that Dejan had suffered a 13 per cent permanent disability and ordered the CGMO to pay him €49,118.94 in damages.

Lawyers Shazoo Ghaznavi, David Camilleri and Joe Gatt represented the family.