It’s been 18 months since Johannesburg Jewish pensioner Bernard “Bernie” Katz (83) was alleged to have been defrauded and murdered with rat poison in a private Johannesburg care facility, Netcare Rosebank Hospital. His family, who believe it doesn’t have all the answers, have now legally taken on Netcare, suing the hospital group for R20 million.
The Netcare Group’s representative say they fully support the process of determining the cause of death, and will go along with the legal process. Jacques du Plessis, the managing director of Netcare’s hospital division told the SA Jewish Report this week, “We’re deeply saddened by the passing of Mr Katz, and we again wish to extend our heartfelt condolences to his family. We recognise that their pain and loss isn’t made easier by unanswered questions and ongoing uncertainties surrounding Mr Katz’ tragic death. This is all subject to a legal process that’s still underway, and we remain fully committed to supporting the authorities in their efforts to determine the exact circumstances surrounding Mr Katz’s passing.
“The hospital will continue to co-operate fully with the authorities in this regard,” says Du Plessis. “We remain confident that the person or persons responsible for any harm to this respected member of the community will be held accountable.”
Katz’s family, however, are determined to take this on legally. “It’s been hard. We don’t have closure – his death lays heavy on our hearts. We won’t rest until the perpetrators are caught and put away,” says his daughter-in-law, Linda Serebro. “He was so excited to be going home; talking about all the foods he was going to enjoy eating. But that never happened.”
Katz was admitted on 26 January 2021 for bowel obstruction surgery, but passed away on 5 May 2021. In that time, his family claim that R153 500 was stolen from his account and that he was then poisoned with rat poison, as per a toxicology report.
The Katz family is being represented by David Swartz of SWVG Inc. Attorneys. In a summons to the High Court of South Africa Gauteng Division, dated 4 May 2021, the chain of events is laid out. It describes how upon admission to hospital, Katz was instructed by hospital staff to surrender possession of his personal belongings to the hospital for safekeeping. This included his wallet and cell phone.
On 13 March 2021, after he had been transferred out of intensive care (ICU), he accessed his online banking facilities using a laptop provided to him by his daughter-in-law. He discovered that “funds totalling R153 500 had been misappropriated from his banking and credit card facilities through a series of credit card payments, ATM withdrawals, cash transfers, EFT payments, and AutoBank instant money cash transactions on his bank account”, according to the summons.
Upon discovering the missing funds, Katz asked for his personal belongings to be returned. He then ascertained that funds had been stolen from him and that this theft “was perpetrated by persons employed by the hospital, or persons who had access to his cell phone or wallet, both of which had been given to the hospital staff”. Upon discovering the misappropriation of funds, Katz and his family complained to the hospital.
On 6 April 2021, after eating breakfast, “he was rushed to ICU presenting with difficulty breathing, low heart rate, and hypothermia. Blood tests performed on his blood on the same day revealed that he was suffering from organophosphate poisoning. Organophosphate is a powerful nerve agent found in pesticides and insecticides such as Rattex [rat poison].”
In the summons, the lawyers state, “The plaintiff [Katz] was poisoned whilst admitted as a patient in hospital by persons employed at the hospital or with access to hospital facilities in an attempt to kill off the plaintiff in order to quash the complaints laid by him regarding the theft of monies.” Katz died a month later.
Swartz now says, “Summons has been issued for the R20 million, and litigation has proceeded. We’ve recovered the stolen money, which therefore puts an end to any query as to as to whether or not it was stolen – as a fact, it was. Since his death, we have been waiting on the state to perform an autopsy report – this takes quite a long time.”
In addition, in a statement issued on 25 May 2021 in response to questions from the SA Jewish Report, Mulder said, “As is the case in all circumstances where a death in our facilities is considered of unnatural cause, we are fully supportive of the process to determine the cause of death, which must now take its course. The hospital as well as the clinicians involved will co-operate fully with the authorities in this due process.
“We were further greatly concerned about allegations that funds disappeared from the bank account of the patient and the insinuation that a member of staff may have been responsible for the alleged theft.
“Netcare looked into the matter to determine what transpired and to ascertain whether the hospital’s strict procedures for safekeeping of patient valuables were adhered to. In consequence, we strongly dispute the allegations as well as a possible connection between the demise of the patient and the money which is said to have gone missing.
“We have encouraged the patient’s family to report the matter to the South African Police Service [SAPS], and to open a case so that this matter can be fully investigated. We have zero tolerance for any criminal behaviour, and our hospital will co-operate fully with a SAPS investigation should a case be opened to bring any person or persons responsible to book.”
Phyllis Gillman
Nov 12, 2022 at 5:26 am
This horrific story is not the first one I’ve heard of happening at the Rosebank Netcare Hospital. When are the administrators going to stand up and take ownership? This needs to stop now!!! Clearly, innocent and vulnerable people are being targeted without any recourse. STAY CLEAR OF THIS HOSPITAL AT ALL COSTS!
Louise Standley
Nov 14, 2022 at 10:46 am
My mother was admitted to the Rosebank Clinic in 2014 following a stroke. Her engagement ring which was TOO tight to remove, was forcibly taken off her ring finger within a day or two of her admittance to the stroke/rehab ward. I cannot bear to think of how much pain must have been inflicted as it was also far too tight to cut off. Another ring which she had been wearing at the time of the stroke was cut from her finger at the time of admission and handed to me.
Of course nobody was able to shed any light on the matter when I questioned staff and reported the matter to the Matron. The Hospital administration where nonchalant and basically said that without any proof there was no case….
As a family, you are already dealing with a traumatic situation and opening a case with SAPS or hiring a lawyer are the furthest things from your mind.
I’d rather take my chances than be admitted to the Rosebank Clinic.
Hospital management would not take any responsibility and because there are no cameras in the actual ward, one had no proof of who the perpetrator was. I can only reiterate that it can only have been a staff member.
I personally will never put foot in that hospital again and after reading this story, there appears to be a real problem at this facility.