News24

Boy, 8, wins R11m lawsuit against dept

2012-04-23 10:12

Johannesburg - An 8-year-old boy from Ekurhuleni has won an R11.6m lawsuit against the Gauteng health department, according to a report on Monday.

The family of Ntokoza Skhosana took the department and Gauteng Premier Nomvula Mokonyane to court after he became paralysed during child birth at the Far East Rand Hospital in Ekurhuleni, the Sowetan reported.

When he was born he suffered from cerebral palsy and had a paralysed left arm diagnosed as Erb-Duchenne Palsy.

Ntokoza's lawyer Gary Austin said the money would be placed in a trust, invested and administered for his client's benefit.

His mother Fuki Skhosana said the past three years had been tough.

"I am so relieved that it is over. We can now start a new life and get a house next to Ntokoza's school."

Ntokoza had started Grade One this month at a school for children with special needs.

Comments
  • siyadyosiba - 2012-04-23 10:20

    Justice done. Happy for the family.

      CharlesDumbwin - 2012-04-23 10:35

      I love stories like this. In first world countries, people have to be accountable so this type of justice through our judicial system is a step in the right direction for South Africa.

      Tshifhiwa - 2012-04-23 10:55

      the lawyer will take 75% of the money

      Kala - 2012-04-23 11:55

      I suppose the doctors that caused all the pain and suffering continue to treat people out there. I wonder if they were ever disciplined or have they been put on special leave?

      bluzulu - 2012-04-23 12:30

      Sad for the victim however at the very least the Parents now have the dosh to make the child's life as special as possible. Never a good outcome considering the details of the Kid's symptoms nevertheless the best decision was finally reached.

      bluzulu - 2012-04-23 12:30

      Hope you have a great life ....little Man.

      Martin - 2012-04-23 13:14

      @ Mandy - Taxpayer always foots the bill, that's hence what we pay for. At least (we hope) it does not disappear to corruption!

      Rodney - 2012-04-23 14:52

      Not to make light of the subject, but really, the use of the english language is appalling! "The family of Ntokoza Skhosana took the department and Gauteng Premier Nomvula Mokonyane to court after he became paralysed during child birth at the Far East Rand Hospital in Ekurhuleni, the Sowetan reported." This implies that the boy was giving birth at the time.

      arthur.hugh - 2012-06-05 01:48

      Agreed. Justice done.

  • Lorain - 2012-04-23 10:20

    I'm glad, maybe the department will start taking things seriously.

      Oom - 2012-04-23 11:08

      I'm not so sure, the money did not come from the doctor's or nurses own pockets, it's the taxpayers' "bottomless pit" that will cough up again. Until these doctors and nurses are held personally liable nothing will change.

      Lorain - 2012-04-23 11:22

      @ Oom I actually thought about that as well after typing my comment.

      glen.e.huysamer - 2012-04-23 11:27

      Well now that the department has paid and admitted to their slack and disgraceful liability maybe a law suit can also be brought against those personally responsible. If tax payers are footing the bill maybe taxpayers should demand that this money be recouped from those responsible.

      Knowlegde - 2012-04-23 17:03

      @ Oom, actually all health professionals dealing with patients are compeled to take an insurance that will cover legal action against them. The department will pay but that money will be claimed from the insurances of the doctor(s) and nurses involved. so dont worry, your money is safe. We must just be happy for the little one :-)

  • hayden.cajee - 2012-04-23 10:21

    Excellent, now dont forget to pay the other family in the west rand for brain damaging their son.

      Piet - 2012-04-23 13:03

      Jip Quite selective are they.....

  • elsabe.wessels1 - 2012-04-23 10:21

    Well done to the boy and his parents.

  • Badger - 2012-04-23 10:21

    But the boy that spent months in 'intensive care' after some blue light FH slammed into him can't even get his medical bills sorted by the SF premier. Got to Love Africa !!!!!!!

      Koos - 2012-04-23 11:03

      @Tsotsi: I don't have a kraal nor do I have a farm and the ANC don't want to give me one for free either because I'm white... *insert crying smiley here*

      Gladstone - 2012-04-23 11:24

      Hello Koos

      Koos - 2012-04-23 11:31

      @Tsotsi: My family never stole anything and we never owned a farm. We are white in case you didn’t notice. Our culture is a little different. Hell we don't even steal electricity. Hey Gladstone.

      Barefoot - 2012-04-23 12:09

      Read the article? how long did it take them to win the case?

  • Msika - 2012-04-23 10:22

    Awesome! I am just wondering, how much is this Gary Austin going to pocket from this setlement.

      clinton.badenhorst - 2012-04-23 10:37

      Who cares??? Without him they probably would not have gotten a cent! Well done to the lawyer!

  • dikelediportiam - 2012-04-23 10:22

    Nasitarus Fiction- the rights in abayance ...He deserve every cent.Dept must be cautions of this ommissions.

      Noluvo - 2012-04-23 11:55

      True that Dikeledi

  • Crracker - 2012-04-23 10:30

    Boy, 8, wins R11m lawsuit against dept (TAX PAYERS) What will now be done to recoup the money from the guilty?

  • Koos - 2012-04-23 10:38

    So it does pay to gamble with your life? Here are so many cases here that even the local newspaper had to report on a few of them yet none of them has won any lawsuits against the department. Wonder why?

  • Kim-lanceley - 2012-04-23 10:49

    I am pleased... Good news being reported for a change ;-)

  • Rob - 2012-04-23 10:56

    Great....Now dont forget the " Blue light victim. "

  • mbulelo.luthi - 2012-04-23 10:59

    Oooohh so now the mother will hav relatives she never new..Seyjonge ngamehlo abomvu lomali abantu

  • bella.masterton - 2012-04-23 11:05

    Looks like SA is moving fast forward. I'm glad to hear that. Australias going backward thanx to Jewish Judge Spigelman Take a look http://1ftup.blogspot.com He created the most corrupt state in Australia and robbed so many victims of everything they have. http://t.co/6KgbA4qy

  • bntshangase - 2012-04-23 11:08

    A very inspiring story for the parent and the child albeit it cannot reverse the situation. It also opens a can of worms. Just a thought - what would happen if everybody sued our government for all errors committed? Running a country through court decisions presents its own challenges as well.

      Noluvo - 2012-04-23 11:41

      I think if all government workers specially doctors and nurses could take their work seriously and at heart these kinder things would not happen \r\nAnd the government is still going to suffer because of negligence of employees

      Marion - 2012-04-23 12:48

      @Noluva - Unfortunately the days when nurses, teachers, cops etc., followed a 'calling' are over. Now it is just about getting a job.

      Marion - 2012-04-23 12:49

      Sorry, Noluvo...

  • thulani.sparks - 2012-04-23 11:11

    Something doesn't seat well with me here...it seems as if the family is happy coz now they r filthy rich nd not coz of the child gaining justice...ds money shud b solely 4 the childs needs yet already dey buying a new house b it under the pretense that they cn be closer to the childs school...cn NEWS24 please give us a follow on this story so we can see how things change after the money is dished out-i smell a rat here nd I don't like Rats...I concur with a blogger dat the wrong-doers must b brought to book but also ppl in ds family who will abuse this money 4 their own needs must b monitored

      Noluvo - 2012-04-23 11:23

      Thulani sometimes we tend to judge when we don't even know more about things in life.\r\nFor that to buy a house its a good thing to me I don't see anything wrong\r\nAs a mother of a child who is suffering from the same condition as this boy I understand and you would not unless you have a child who is a special need

      thulani.sparks - 2012-04-23 11:29

      Noluvu my post wasn't to be insensitive in any way to whoever I under the situation yet de has been several cases of lawsuits won on the behalf of a child and that money hasn't gone directly to the childs needs as u saw that I highlighted that let the money be monitored that its for the well being of that paricular 8 year old and adults don't abuse it...My dearest apology though mam my aim wasn't to offend or be blunt it was just my contribution to the topic...Have a lovely day

      Marion - 2012-04-23 12:50

      @thulani - hopefully the money has been put in trust for the boy to prevent the scenario you envisage. Hopefully.

  • Gert - 2012-04-23 11:20

    So Africans do win in courts as well or only against the government or fellow Africans not with us whities.

      Barefoot - 2012-04-23 11:57

      What point are trying to make 'm confused please explain

      Rob - 2012-04-23 12:03

      Barefoot...Gert is more confused. He is not white & is merely a troll. Ignore !

      Barefoot - 2012-04-23 12:12

      Thanks Rob

      kensong.ben - 2012-04-23 13:09

      @gert ..let me borrow bluzule punt n throws it @ u in the same sarcastic tone : let hope the sharks get u soon ..touch ?

      Thando - 2012-04-23 13:14

      So white ppl r NOT africans?

      bluzulu - 2012-04-23 13:25

      Gert, has some serious issues to sort out however he cracks me up. Thando, Alot of Afropeans ( African Europeans) Are proud to be African nevertheless we have a small minority that will never learn and will spill their vile drivel on this site daily hence we are here to set the record straight. ""Only the Afropeans built this country because the Blacks were Lazy"" So on and So forth.....JUST LIES LIES LIES. We are here to reveal the Historical facts around our History.

  • Fatimah - 2012-04-23 11:21

    Money won't brng hs lyf bck

      Noluvo - 2012-04-23 11:32

      Yes true that but it will make it easy to be physically challenged its not easy believe me and to get around you need money from my opinion and lots ot it#speaking from experience

  • Andrew - 2012-04-23 11:24

    The government wants to start rolling out the NHI and we have these types of incidents. This is not the first case where a huge settlement was granted by the court. I will stay with my Medical Aid scheme till they are forced to close by the government, this is a distinct possibility to force everyone to contribute to a flawed government health project.

  • Chriskoi1 - 2012-04-23 11:41

    Prokureur vat meer as 75 % boet hy sal na hom self kyk dit is verseker

  • Kgosi - 2012-04-23 11:46

    Awesome!!! This is what i call news.

  • sibusiso.mkoko - 2012-04-23 11:48

    And I bet R9m will go to the lawyers

  • Neville - 2012-04-23 12:07

    Can someone help this people moniter the payout , that it get paid in 2 the right account , there is some sharks in the Dept who will also put their hands in the cookie jar

  • Gaby - 2012-04-23 12:23

    I'm glad to hear this but why an eight year wait? Those early development years are so critical and I'm sure the parents would have been able to help a lot more had the money come in sooner.

  • Langalakhe - 2012-04-23 12:33

    Gov should learn from this. There are many similar cases which if brought to court will strip the dept apart. Monitoring of performance seem to be questionable. Someone must pay if we are serious when we say batho pele. The family must use their money the way they want to, he is eight and no one cared how he was raised all these years so no one will sneak his nose now.

  • Piet - 2012-04-23 13:03

    GO NHI!!!!!!

  • daniella.blazic - 2012-04-23 14:03

    yay! A smile story! :)

  • Schmee - 2012-04-23 14:29

    Very happy for the family.

  • Virginia - 2012-04-23 15:40

    Pleased - hope this money is in a trust so that this poor child will have carers for the rest of his life and not just for the next few years.

  • Given - 2012-04-23 20:11

    @ least he finally got help he needed..

  • Raj - 2012-04-23 23:06

    To this little child and his family, I say WELL DONE with the lawsuit. Just spend the money very wisely. To the department I say, You've been served!!!! Due to the lack of proper service delivery. A few more lawsuits against government departments should jack up the service delivery we so desperately need. Or else soon the government departments won't have any insurance companies covering them with insurances. A good lesson is only learnt when it affects the pocket.

  • David - 2012-04-24 09:17

    CHILD FAMILY THANK GOD!BEWARE THE THIEF...

  • Tokelo MediaOwner Fako - 2012-04-24 11:20

    I hope they use this money for the child's needs

  • gailcarolynhayes - 2012-04-24 12:31

    You know I am happy that the boy and his family have been helped but I am a bit confused as to why the hospital and MEC were sued. The article says he was born with cerebral Palsy and a paralysed arm. I used to believe that cerebral palsy was the result of a difficult birth during which the brain was starved of oxygen but if one Googles this condition you will find that this is not the case and that the child actually has the diseasde regardless of birth complications or not. Doctors are still not entirely sure what the cause of CP actually is and it varies in severity. Some CP sufferers are only mildly affected as seems the case here as this boy is able to attend a school while other children's disabilities are so severe that they are unable to survive without constant care. I have friends whose 1st child was born severely disabled by this despite a nomal delivery. Their doc's told them that this was a very rare event and that their chances of any future children being born similarly afflicted were like1 in a million. Guess what, their 2nd child was and is similarly afflicted. Maybe this boy's case was the result of medical bungling but the article doesn't make this clear. I know of women who've had extremely difficult births resulting in C sections and the offspring are perfectly normal and academically brilliant. Can someone shed some light on this?

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