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| on request of punitha here what i got in mail from a friend and also the story is on Fight Against misuse of Dowry law (IPC-498a) - Get Free Advice and protect against 498a THE SMALIN JENITA / CHRISTY DANIUS CASE Chronological Order of Events as per Christy 27 thJuly 2007 - Last day in Infosys since I got a new job in Greenville. 31st July 2007 – Morning I traveled to Greenville around 5 am in the morning. At 2.40 p.m I met an accident in I 77S near Yadkin County. All my family members where taken to hospital. I immediately informed my friend to call my Indian relatives & inform the accident since I have no idea of any phone number in India as my cell phone was totally smashed in that accident. Case Highlights 27 th Jul – Christy’s last day at Infosys. He has accepted an offer from another company in a different city and is scheduled to join on Aug 1st. 31st Jul – While enroute to the city of his new job. Christy and his family meet with an accident. [Accident Report from Police attached. Annexure 1]. Christy’s wife Smalin and his sister Leema sustain serious injuries and are in coma. [Part of Leema’s medical records attached. Annexure 2]. Christy’s father and mother also suffer injuries. 3rd Aug – Leema comes out of Coma. Christy’s mother is discharged from the hospital. 27th Aug – Christy’s father discharged from the hospital. Sep – Christy finds himself jobless, without health insurance and mounting medical bills of $350,000. In the hospital I signed certain papers for operation for my Sister and Smalin. By the time doctors were performing operation on my fathers hand to stop the blood. 1 st August 2007 – I received call from my in-laws & I explained about the accident and said that 2 persons condition is very serious .I couldn’t talk to anyone for a long time since I am disturbed in a great way & I was breaking off, as I saw the whole incident & my loved ones in blood. 2 nd August 2007 - one friend of mine came to Hospital & bought me a cell phone & he was beside me for a long time. On the same day Smalin had a C2 fracture and I was in the waiting room till the operation end. 3 rd August 2007 – For my sister, doctors told that they are going to open the skull to remove the excess fluid from the cranial chamber. Operation was fixed in the evening but she came out of the coma in the afternoon hours. On the same day my mother was discharged from the hospital. 18 th Aug 2007 – Leema was discharged from the hospital and I was in the waiting room for Smalin’s Tracheotomy operation till the end. 19 th August 2007 – Leema is readmitted in the emergency ward of the hospital again. 20 th August 2007 – Leema was discharged from the hospital again. 27 th August 2007 – My father was discharged from the hospital. Till 1st week of Sep. 2007, Smalin relatives where regularly updated on her medical condition. During this time, I used to visit Smalin regularly and followed all the instructions from the hospital staff to get her to recover as soon as possible. • When Smalin was in coma, I used to talk to her for hours to remind her of various incidents in our life. I was told that this would help her recover faster. 1 of 23 • .I used to keep a mp3 player with melodious songs that she likes and I make it a point that it is played all the time • As per Osteology doctors instructions I used to remove the gloves on her right hand and used to give some stretching exercises for the palm and fingers and also used to position the foot pad pertaining to traction unit to heal the fractures on her leg in faster track Case Highlights (contd.) 23 rd Sep – Sebastian (Smalin’s father) comes to US after filing a police complaint against Christy and his family for torturing Smalin for dowry. Reports appear in local newspapers where Sebastian alleges “For the reason that Dowry was not given, I am suspecting that my daughter was made a part of this accident.” [Tamil Newspaper Report and it’s rough translation attached. Annexure 3] 30th Sep – Smalin’s relatives ransack Christy’s grandparent’s house and Christy is told to hand over Legal Guardianship to Sebastian. 4th Oct – Sebastian takes over Legal Guardianship of Smalin 14th Nov – Smalin is shifted to India 21st Nov – The story is broken to the media in a big way. It is claimed that Smalin sustained her injuries because she was thrown out of a moving car [IBN Live 21st Nov, 2007. Annexure 4] • I used to look into the traction per the instruction of doctors since when the shift changes for the nurses some might not align the legs properly • Since one of the nurses made a mistake in the traction and that has caused the left leg of Smalin with bruises caused due to the thrust caused by a bolt and that has left a wound on her left Tibia region on her leg. Due to this I once complained the nurse for negligence • Also she had involuntary action due to that they tied her leg to the bed with some nylon belt and that caused a bruise on her ankles and I asked them to adopt some other method and hence they stuffed her leg with pillows so that the cushion would soothe her • When Smalin was in coma, I used to clean the sweat from her face. • I used to massage her foot using the technique I learnt from Yoga In September, I was told by my new company (that I had not been able to join because of the serious condition of my wife Smalin and other family members) that they need someone who can concentrate on the project and given my family conditions, I should spend my time taking care of my family. Essentially, they withdrew the job offer. I was without a job and hence medical insurance. The coverage provided by the auto insurance policy has already run out and the costs for the treatment were mounting. Later hospital pressurized me to discharge Smalin & take her to Home or shift her to Chennai. So I informed Justin Raj (Smalin’s brother) through Telephone that I need to talk in person to Sebastian & inform him, the need to shift her to India & the treatment to be taken after that period. Even I insisted Justin till 12th Sep 2007 that I need to talk to his father. Even though I was traumatized by the accident and its aftermath and was hardly in a position to work, financial conditions forced me to look for a new job. I began a job search in earnest to take care of my family. 17th Sep & 18th Sep 2007 – Due to job interviews in Charlotte (3 hours away from the hospital) and other related problems, I could not visit the hospital, like I usually did. 2 of 23 20 th September 2007 – With the medical bills climbing to $350,000 and having run out of insurance coverage and all other options, I told the Patient relationship director that I do not have the means to pay the medical bill nor do I have the financial capacity to shift Jenita to India. Case Highlights (contd.) 19 th Dec – A case of torture and dowry harassment is filed against Christy and his Family. [Newindpress.com 19th Dec, 2007. Annexure 5] 22nd Dec – NCW takes up Samlin’s case saying that the case would be referred to Ministry of External Affairs and “top priority would be accorded to her case to prosecute them (Christy and his family)” [The Hindu, 22nd Dec, 2007, Annexure 6] On that day they asked permission from me, whether they can permit Sebastian to see his daughter. I approved the same and said that there is no issue. 23 rd September 2007 – Sebastian came & saw his daughter in Hospital from 2.15 PM to 2.25 pm. This was informed to me when I entered Jenita room around 2.30 p.m along with my sister. (visiting hrs for acute care in the afternoon hrs is 2 to 3.30 PM). 24 th September 2007 – Through a local newspaper in India, I came to know that he came to USA after giving a complaint to Trichy Police station that we pushed his daughter out of car for dowry sum. I was shocked to see the photos of Smalin taken in Hospital without my permission. So around afternoon I went to Amanda (Patient relationship director) and gave her the news clipping along with the photo & asked her who did it. She said that she would investigate the matter. After that I used to receive calls from India, where by the other side would threaten me stating whether I am planning to kill Smalin with the help of hospital. This kind of call continued till 3rd Oct.2007. 30 th Sep. 2007 - Sebastian family members entered into my house along with Goondas & looted my house things in Trichy plus they have beaten my grandfather & forced him to enter an auto in knife-edge & made him to board a bus. They also said to him that I am trying to kill his sister & that’s the reason I am not accepting change of guardianship to Sebastian 1 st Oct 2007 – I received a call from India with indecent words and things which cannot be revealed .So finally I said enough. 2 nd Oct 2007 – I informed Amanda to go ahead with the guardianship change in favor of Sebastian. I also informed that I would never turn up to the court since I don’t want to see the face of Sebastian. Till Oct 5th 2007 I received calls from India in late hrs, e.g. 1 am or 3 am .So after that I will switch off my cell in the nights hrs & switch back in early morning hrs alone. In Oct middle I was informed that Smalin was out of Coma & Amanda later confirmed it. But Amanda told that since the guardian has changed, I need to get permission from Sebastian to see his daughter. I said that’s ok. Nov. 10 th 2007 - I was informed that Smalin is going to be shifted to India on 14th Nov. 2007. Later the same was confirmed by GEICO claim manager since GEICO has released a sum to Smalin & I was informed by the claim manager that hospital accepted Sebastian to take that amount. Once she landed in India, from day one they are repeating the same story said by them from 23rd Sep. 2007 to local newspaper. 3 of 23 Injuries Suffered by my Family in the Accident 1. My sister was in coma for a few days and had severe head injury including injury to her brain. She had multiple fractures on various parts of her body. The extent of her injuries can be gauged by her medical reports [ Annexure 2 ] 2. My father was also having a serious injury, till date his left hand is completely paralyzed. He had C4 fracture & fracture on his nasal bridge. Due to the compression caused in the spinal cord his nervous system got affected and his left side part of the body was paralyzed. Now he can walk slowly but his left hand is still paralyzed. 3. Mother got a spinal cord injury & the spinal sprain is still uncured. Layman’s explanation of Leema’s injuries as per the medical reports obtained (Annexure 2) Page 1 Leema Pillai had an endotracheal tube in place and was on a ventilator when she arrived at the level II trauma center. This would suggest that the medical staff had concerns about her being able to breathe properly on her own (or possibility of compromised airway). She had a deep cut to the back of her head that had been sutured. She was admitted to the Intensive Care Unit with the diagnosis of fractures of the skull, thoracic and lumbar spine, and left hip. The medical staff was also concerned about the likelihood of brain injury. A brain scan was ordered along with a Neurosurgical and Orthopedic consult. Page 2 The brain scan showed that Leema Pillai there was bleeding around the brain (under the skull fracture). The abdominal scan showed that there had been bleeding in the left side of the pelvis (along with the hip fracture) that was compressing the urinary bladder. Urine exam showed blood in the urine. X-rays of the vertebral bodies showed - multiple bony fractures of different parts of the spine. The lungs were either collapsed or bruised. Thought provoking Questions 1. The claim is that Smalin “was made a part of this accident” because sufficient dowry was not given. This seems to suggest that the accident was staged. Why would someone stage an accident where his own sister is injured so seriously that she is in coma and suffers skull fracture and brain damage and his parents suffer serious injuries as well? 2. If Christy’s family was indeed pushing Smalin out of the car, why was a case not registered against Christy and his family in the USA? 4 of 23 |
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