We can’t return we can only look
Behind from where we came
And go round and round and round
In the circle game
—Joni Mitchell1
Jorge, Carlos, William, and Wilber cannot undo the mistake that happened at the Hospital Materno Infantil many years ago, nor can they change the course of their lives in the years that followed, but they do have a say in what happens to them in the future. They can look ahead to where they are going, not “back from where they came.”
The Lawsuit
Several prominent Bogotá attorneys, an uncle-nephew team, Carlos and Pablo Medellín, now joined by Carlos’s daughter Adriana, have been managing the twins’ lawsuit claiming negligence by the Hospital Materno Infantil and other entities. Intrigued by the case when it became public in October 2014, Carlos and Pablo have described it as “important, interesting, and rare.”2 The legal process will not be easy because precedents for switched-at-birth adult twins do not exist, although Colombian courts have heard cases involving exchanged infants.
The lawyers have two years to present the case to a judge, who will determine whether the hospital was negligent and, if so, what the award for damages should be. Making the case will be especially challenging because the mistake happened more than two decades ago; this is the first investigation of a public employee in such a case, a nurse; the passage of time makes identifying the party responsible for the switch difficult; and the chance of reaching an out-of-court settlement is low because the hospital is a state institution, under the watchful financial eye of the controller. The lawsuit was filed in January 2017, and so far the hospital has not responded.
The difficulties do not stop there, because all four twins have lived a normal life and do not appear to have suffered serious psychological damage. Specifying and determining compensation entails an element of subjectivity, and seeking too high a figure in damages could hurt the case. Public opinion holds considerable sway in such cases and could affect the final outcome in ways the lawyers cannot know. The case could also drag on for years if the first ruling is appealed, moving it up to the Administrative Tribunal of Cudinamarca. If major revisions are required it will then go to the Council of State, Colombia’s maximum judicial authority in the public administrative law jurisdiction.
Under Colombian law damages are calculated from the time of the discovery, when the twins were in their midtwenties. This limitation discounts the difficulties they variously experienced during childhood, such as feeling different from the rest of their family, not knowing their biological parents, losing the benefits of a close twin relationship, and lacking access to compatible blood or organ donors if affected by a serious medical condition. I would argue that damages should be calculated from the day of the switch, when the twins were newborn babies.
The brothers could have been represented by separate lawyers to press their specific claims and concerns and, according to one of the attorneys, this arrangement may have made for a stronger case since the four were not similarly affected by the switch. The attorney also explained that the brothers rejected that option because of their good relations with one another and in the interest of presenting a unified front.
Insights and Understandings
The four Colombian twins and their families are adjusting well to their unusual situation, better than the members of any switched-at-birth twin case I have encountered. Their positive adjustment was possible, in part, because they had several critical factors in their favor. The twins learned of the switch when they were twenty-five, young enough to enjoy their surprise identical twinship, but mature enough to assess their situation rationally and realistically. All four were living in the same city so, work schedules aside, meeting and communicating were fairly easy. Ana and Carmelo, the parents from La Paz, were sensitive to their new son’s feelings, willing to wait for him to open up to them and to his new siblings when he felt ready.
Everyone was helped by convivencia, the notion that everyone belongs to one family, a sentiment that permeates much of Colombian thought and culture. Some relationships were revised, but mostly in name only. As Carlos so beautifully expressed it, “From the beginning we focused on the positive, not the negative. This is God’s doing. We were not kidnapped. No one [intentionally] stole anyone’s life.”
Band of Brothers
Band of Brothers is the title of Steven Ambrose’s bestselling book about the E Company, 506th Parachute Infantry Regiment, 101st Airborne Division of the US Army whose members volunteered for elite service in World War II. The book reveals their true camaraderie alongside the horrific, but successful battles they fought. The Colombian four, who proudly call each other brother, replicate the spirit and dedication of E Company, albeit on a smaller scale.
In October 2016 the four twins attended a comedy show starring Yesika’s sister, Alexandra, the nationally famous celebrity impersonator. It was the first time they had gotten together in a while, and it felt good to be there together, go out for drinks afterward, and catch up with each other. They had some important decisions to make, such as the type of tattoo they all will get, how they will celebrate their next birthdays, and if, when, and where they will vacation together. They have resolved to settle all such issues collectively and unanimously. Toward this end they have set up a joint email address that keeps them informed simultaneously.
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The twins’ experience has redefined family as anyone you regard as a mother, father, sister, brother, son, or daughter. How much better to feel you have gained two brothers or two sons than to think you have lost the one you lived with and loved. Time together cannot compensate for their years apart, and the joys of reunion do not erase their pain of separation, but meaningful relationships between and among the twins and their families can form and last a lifetime.
Wilber wants to know where their story ends, a concern he voiced on behalf of all his brothers. A spontaneous moment during a party on our last night in Colombia held a vital clue. Out on the dance floor Carlos executed a risky move, leaning backward at a dangerous angle. The other three surrounded him, enjoying the scene while extending their arms protectively. In that moment they were alone together, free of unresolved tensions brought on by the switch. No matter what, they have each other’s backs.