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Below are the case facts in condensed from which was published in 1930 from the International
Nursing Review and it is read as follows:
Several days prior to May 26, 1929, Pedro Clemente took his daughter, Anastacia Clemente,
to Dr. Gregorio Favis at Manila. The latter decided to perform a tonsillectomy and instructed the
father and daughter to go to St. Paul’s Hospital where he would perform the operation at 7am on
May 26, 1929.
Assisting Lorenza Somera, a Head Nurse, were student nurses Valentina Andaya and Consolacion
Montinola. The assistant surgeon was Dr. Bartolome. During the operation, Dr. Favis asked Dr.
Bartholome for Novocain solution. Ms. Montinola handed Dr. Bartolome a syringe of solution which
was handed in turn to Dr. Favis who injected the same to the patient .After a few minutes, Dr.
Bartolome noticed that the patient was becoming pale and acting as if dying. He called the attention
of Dr. Favis to this but the latter said it was not unusual. A third syringe of solution was injected
and a few minutes later, the patient died in a few minutes. Dr. Favis asked if the Novocain was fresh.
Ms. Somera replied that the solution was not Novocain but 10% cocaine.
In court, Ms. Montinola testified she heard Dr. Favis order cocaine with adrenalin for injection and
heard Ms. Somera to have verified the order. The autopsy report and testimony of the Medico-legal
Officer showed that the patient was suffering from status lymphaticus and that such patients were
known to die even with so slight an injury as a needle-prick.
Facts not brought in the trial were 1) that Ms. Somera. Had finished her training only on May 20,
1929; 2) that she had not received her registration certificate and was not an experienced graduate
as states in the prosecution; 3) that Dr. Favis had performed tonsillectomy but once previously in
St. Paul’s and that no order from Dr. Favis was given before his arrival.
The two accused doctors were absolved of the crime but Lorenza Somera was condemned to suffer
one year and one day imprisonment and to indemnify the heirs of Anastacia Clemente the sum of
P1, 000.00 with subsidiary imprisonment in case of insolvency and to pay one-third of costs.
In view of the recommendation of two of the justices of the supreme Court who reviewed the
case upon the appeal of the counsel fo the defense, the unanimous recommendation of the Board
of Pardons, and the petition of the Philippine Nurses Association for executive clemency.
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