R8.5m payout for girl disabled at birth

THE Eastern Cape Health Department has agreed to pay R8.5-million in negligence damages to a young cerebral palsygirl who was left permanently disabled by botched maternity procedures at Taylor Bequest Hospital in Mount Fletcher.

The department agreed to a settlement with Mamasole Thamae, who was born at the hospital in a distressed state on January 19 1996.

Although the girl is now 18, the claim for medical negligence was initiated in 2011 by her mother, Florence Thamae, when Mamasole was still a minor. In the original summons issued on her behalf, Florence Thamae's address is listed as Knysna.

However, at the time of her pregnancy with Mamasole, she was living in the Mount Fletcher district, close to the Taylor Bequest Hospital, which the provincial department lists as a facility that offers maternity and obstetric services.

Aged just 17, Florence was admitted to the hospital on January 18 1996 in an advanced state of pregnancy. Although she had been told by clinic staff during her pregnancy that the foetus was large and would probably have to be delivered by caesarean section, the hospital failed to pick up indicators that the pregnancy was a high-risk one given the size of the foetus or that Florence was hypertensive.

As a result, the hospital did not provide the necessary care by applying a caesarean section procedure for the delivery.

Shortly before midnight, the foetus was in distress, but staff did not summon a doctor immediately. Neither did they arrange for Florence's transfer to another hospital which could ensure a safe delivery.

Mamasole was born in the early hours of the morning. However, starved of oxygen during the labour process, the infant suffered permanent and disabling brain damage.

Today, she is unable to communicate properly or participate in any physical activities and requires a full-time caregiver to assist in feeding and washing her, as well as going to the toilet.

The Thamae family initially claimed for damages of R15.2- million for Mamasole's ongoing treatment and care, as well as for potential loss of earnings and enjoyment of life.

Actuarial and medical reports submitted indicate lifespan costs of up to R3.3-million if Mamasole is institutionalised, at least R1.2-million in direct occupational therapy costs, R304000 for additional transportation costs, R876000 for a new house to accommodate her needs and up to R300000 for alternative communication therapy.

When the matter was due to be heard in the East London High Court on Friday, the parties had agreed to a settlement of R8.5-million in damages, which was made an order of court.

Government has also agreed to pay R1.3-million to two trustees who will manage a trust set up for the girl's benefit. - Ray Hartle