Parents of deceased boy and girl in life-threatening condition sue municipality

Slagelse Municipality denies liability for errors at the Heimdal residential facility. The case will be heard over three days this week.

In the residential facility's notes from the night, it was incorrectly stated: "Lucas has slept well tonight."

But the two-year-old boy Lucas was not sleeping. Lucas was dead.

It is now many years since the boy, who was born with brain damage and was regularly placed in respite care at the municipal Heimdal residential facility in Slagelse, did not wake up.

Lucas Gildberg Kaiser was declared dead on February 3, 2012, at 05:41. The cause of death was pneumonia.

If he had been checked on during the night and help had been called, he might have survived.

Now—more than 14 years later—the case is being heard in court when the Eastern High Court on Monday must decide whether Slagelse Municipality is liable for damages.

Help at Heimdal was inadequate

When Lucas lost his life, Maigen Juki Butzbach had already been at the residential facility for several years.

As a five-year-old, she was placed in respite care at Heimdal, where she stayed until October 2020.

Maigen was born with a chromosomal abnormality, with crooked airways, stiff lungs, a malformed heart, and very limited kidney function. She has no speech and is dependent on others for help.

But the help she received at Heimdal was inadequate.

This has been established several times by the authorities—including after inspection visits to the residential facility. It culminated in February 2020, when the girl developed a life-threatening constipation.

Maigen's case will also be examined when the Eastern High Court convenes on Monday morning.

The details of the two children's stays at the residential facility are summarized in the joint statement of case prepared by Pramming Advokater, which represents Lucas's parents and Maigen's mother in the case.

The statement lists numerous examples of situations where the children did not receive adequate help at Heimdal.

It is the parents' and the law firm's view that the children's right to protection, as set out in the provisions of the European Convention on Human Rights, has not been fulfilled.

On this basis, Lucas's parents claim compensation of 300,000 kroner, while Maigen's mother demands 422,804 kroner. The amounts are to be subject to the usual procedural interest from autumn 2022, the compensation claim states.

Thus, the total claim would amount to over one million kroner.

Case of a principal nature

According to the plaintiffs, Slagelse Municipality bears liability because the municipality, as an authority, is responsible for ensuring the children's rights are upheld, and as an employer, is responsible for employees' errors and omissions.

But even though the authorities have established that errors occurred at the residential facility, Slagelse Municipality does not believe there is actual liability.

Fundamentally, the municipality's view is that the provisions of the Human Rights Convention are relevant to the case.

It is not only Slagelse Municipality that has opposed liability. Local Government Denmark (KL) has joined the case as a so-called intervener in support of Slagelse Municipality.

The organization's participation underscores that the case is of a principal nature.

The Court in Næstved also established this in the summer of 2023 when it referred the case to begin at the High Court, precisely because of its principal nature.

The case will be heard over three days this week, after which it will be taken under advisement for a judgment.

The parties will then be able to appeal to the Supreme Court.

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