R13.1-m claim for blind and disabled child
Judgement was granted in favour of Nonjabulo in 2013.
Brenda Mavimbela (36) has been awarded R13.1-million as a result of medical negligence at the Far East Rand Hospital (FERH), which left her young daughter brain damaged.
On August 11, Judge Lucy Mailula of the South Gauteng High Court made this award against the Gauteng Premier and Health MEC Qedani Mahlangu.
Mavimbela was represented by Gary Austin.
Nonjabulo Mavimbelo (7) is permanently disabled after being admitted to FERH in May 2010.
Mavimbela told the Addie her daughter had complained of headaches and to establish the cause, they decided to take her to FERH.
Nonjabulo, who was two years old at the time, was misdiagnosed with bacterial meningitis when in fact she had TB meningitis.
The Daveyton resident says Nonjabulo was a normal child who walked and talked before being admitted.
She was given a lumbar puncture on May 20, to establish the cause of the headaches.
The doctor on duty informed Mavimbela that it was a bacterial infection.
Nonjabulo was unable to talk after the lumbar puncture and was discharged on May 26.
Four days later, Mavimbela noticed a difference in Nonjabulo’s breathing, her eyes and the right side of her body.
She was taken to Daveyton Clinic, where an ambulance took her to FERH and she was re-admitted on May 31.
“Nonjabulo started reacting strangely and was having seizures,” says her mother.
Mavimbela says Nonjabulo was then admitted to the Charlotte Maxeke Johannesburg Academic Hospital where she requested a Computerised Tomography (CT) scan be done.
She and her husband Lucky (47) took the CT scan results and their child back to FERH, where they were informed Nonjumbulo had TB meningitis.
The little girl had water on the brain, which was damaging the organ.
She was again admitted and FERH started treatment. After she was discharged, however, the little girl would convulse and vomit.
On September 14, she was re-admitted to the Charlotte Maxeke Hospital where she underwent surgery.
A gastrostomy tube, that delivers nutrition directly to the stomach, was inserted through her abdomen, followed by a surgical procedure to treat gastroesophageal reflux disease.
Nonjabulo was discharged on October 29, but admitted to Tambo Memorial Hospital, in Boksburg, after getting uncontrollable seizures and stayed in hospital for four months.
“As a result of incorrect treatment Nonjubelo is permanently disabled, blind, cannot talk, walk nor feed herself,” says Mavimbela.
Judgement was granted in favour of Nonjabulo in 2013, however, the defendants brought a belated leave to appeal which was denied by the court.
The matter was then taken to the Supreme Court of Appeal which also denied the hospital leave to appeal.
The determination of financial compensation was then set down and the child was assessed by 30 experts leading to the court awarding the family R13.1-m.
FERH spokesman Hendrik Buda says they are not aware of the outcome of the case and are not prepared to comment.
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