The Eastern High Court began hearing a civil case Monday over the death of a two-year-old boy and life-threatening harm to a girl, both cared for at the municipal facility Heimdal in Slagelse.
DR reports that Østre Landsret opened the case on Monday morning. The plaintiffs are the parents of Lucas Gildberg Kaiser and the mother of Maigen Juki Butzbach. They are suing Slagelse Municipality for damages.
According to DR, Lucas was born with a brain injury and was regularly placed in respite care at Heimdal. Staff notes from one night stated that he had slept well. He was in fact dead, and he was declared dead at 05:41 on February 3, 2012, with pneumonia as the cause.
DR reports that Lucas was not checked during the night, and that help was never called. TV2 ØST dates his death to 2013, differing from DR’s account of 2012. The regional outlet also reports that he died during a weekend respite stay.
Maigen was placed in respite care at Heimdal at the age of five and stayed until October 2020. Per DR, she has a chromosomal abnormality, malformed airways, stiff lungs, a malformed heart and severely limited kidney function. She is non-verbal and dependent on the help of others.
Authorities found her care inadequate on several occasions, including after inspection visits, DR reports. In February 2020 she developed a life-threatening bowel obstruction. TV2 ØST links the condition to medication changes and failures to follow doctors’ instructions.
Claims exceed one million kroner
The law firm Pramming Advokater represents Lucas’s parents and Maigen’s mother. Their case argues that the children’s right to protection under the European Convention on Human Rights was not upheld. Lucas’s parents seek 300,000 kroner, while Maigen’s mother claims 422,804 kroner.
Both amounts are to carry standard process interest from autumn 2022, bringing the total above one million kroner, according to DR. TV2 ØST rounds Maigen’s claim to about 400,000 kroner. The plaintiffs argue the municipality is liable both as the responsible authority and as employer for staff errors.
BT, carrying the same Ritzau report, notes that Slagelse Municipality rejects any obligation to pay damages. The municipality does not dispute that errors occurred at Heimdal. Kommunernes Landsforening has joined the case in support of the municipality as a so-called biintervenient.
Why the case is heard now
DR reports that Retten i Næstved referred the case to the High Court in summer 2023 because of its principled character. TV2 ØST notes that the mothers filed suit around three years ago, and that the hearing follows court scheduling rather than a new incident.
The hearings run over three days this week, after which the case will be taken under advisement for judgment. Either party may later appeal to Højesteret.
