Disabled child awarded R6.4m in another medical negligence claim

In yet another civil claim against the Eastern Cape department of health,the provincial health MEC has been ordered to paymore than R6.4m to a child who sustained severe neurological injuries during birth in 2013. The judgment was delivered in the Makhanda high court, shortly after the Mthatha high court earlier in February ordered the MEC to pay more than R4.1m in a separate medical negligence claim. In the Makhanda matter, the department accepted 100% liability for the injuries caused byits employees’ negligence.

The court awarded R6,456,253, made up of R3,093,745 for loss of earnings, R1,443,033 for mobility costs including a vehicle, R1,294,620 for architectural expenses, and R484,219 for the protection of the funds. Judge Justin Laing ordered that issues relating to caregiving, case management and the costs of a stimulation centre be postponed for later determination. The MEC was also directed to pay the plaintiff’s taxed or agreed costs on the high court scale.

A claim for general damages was dismissed, with no order as to costs. During proceedings, the child’s maternal grandfather testified that the boy’s mother died in September 2021. He described the child as lively and aware of his surroundings, able to recognise family members and respond during interactions, despite living with a disability.

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Medico-legal reports revealed the child suffered severe brain damage, including dystonic palsy, profound global developmental delay with intellectual disability, kyphoscoliosis, hearing impairment, absence of speech and language development, inability to sit without support, dysfunctional sphincter control, swallowing difficulties and bilirubin-induced neurological dysfunction. What the evidence reveals is that he is so impaired physically that he cannot engage in any task that requires activity of a physical nature

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