Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026
Facebook X (Twitter) Instagram
Trending
  • Constitutional Court cites UP professor in landmark copyright judgment
  • The truth about estate gate licence scans that everyone is getting wrong
  • How body corporate meetings are chaired and regulated in sectional title schemes
  • Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest
  • Company loses R3.5 million claim after its own witness destroys the case
  • High Court tells mother of twin sisters to ask judge to enforce school registration order
  • Former Tshwane councillor unlawfully authorised roadside businesses in Mamelodi
  • Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » R28 million damages in cerebral palsy case reviewed, referred for re-evaluation
Law & Justice

R28 million damages in cerebral palsy case reviewed, referred for re-evaluation

Kennedy MudzuliBy Kennedy MudzuliMarch 10, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

The KwaZulu-Natal High Court has reviewed a R28 million award in a cerebral palsy case.  

Central to the decision is the court's complex evaluation of compensation arising from the profound challenges facing a young girl born with cerebral palsy due to alleged negligence during her birth.  

The judgment delivered revisits compensation amounts exceeding R28 million awarded by the trial court in 2022, with the court ordering further actuarial calculations to refine the final sum. The crux of the matter revolves around the KwaZulu-Natal Health MEC, admitting liability for the child’s medical condition, which has left her permanently brain damaged and unable to engage in conventional education or employment. Her life expectancy is estimated at a significantly reduced 49.85 years.  

The initial trial commenced in 2022, where Judge ZP Nkosi ruled in favour of the child’s mother, awarding damages for future medical expenses, loss of earnings, and general damages. 

Upon appeal, the High Court granted condonation for the State's late notice of appeal and failure to submit necessary documentation within prescribed timelines. However, significant updates to the compensation framework were prompted by a series of contested financial claims regarding the child’s ongoing medical care and rehabilitative therapies. 

In a systematic review of the trial court's findings, the High Court identified several pivotal areas where the original judgment may have miscalculated the necessary damages. Noteworthy among these was the trial court's acceptance of R4.88 million for a treatment known as 'Vitalstim', deemed unnecessary due to conflicting expert testimonies on its efficacy and safety.  

The judges highlighted serious concerns regarding the acceptance of unverified medical treatments for children and ruled out payment for this particular intervention. 

Additionally, the ruling scrutinised previously awarded costs regarding epilepsy medications, proposing a deduction of around R791,740, as the condition had been resolved. The High Court found similar discrepancies with future allowances for potential chest infections and unnecessary serum testing, further curtailing the judgment amount. 

On the issue of caregiver training and equipment, overlapping costs for augmented and alternative communication devices were identified, which would ultimately be removed from the total budget. Not only were these adjustments necessary to maintain fairness in compensation, but they also underscored the importance of financial judiciousness when addressing long-term medical needs. 

The court outlined that Munro Forensic Actuaries would be tasked within 30 days to recalculate damages based on life expectancy estimates, ensuring that future medical expenses reflect realistic projections. Such actuarial assessments are vital in determining what constitutes reasonable compensation, tailored to the child’s specific health requirements. 

#Conviction

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026
Leave A Reply Cancel Reply

Prove your humanity: 8   +   5   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Constitutional Law
3 Mins Read

Constitutional Court cites UP professor in landmark copyright judgment

By Conviction Staff ReporterAugust 22, 20263 Mins Read

The Constitutional Court relied on Professor Chijioke Okorie’s published scholarship while upholding the constitutionality of South Africa’s proposed fair use framework.

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by