27 years ago a hospital neglected to give a young mother the reasonable care she deserved whilst giving birth. The baby was born with severe cerebral palsy and the child and family were left without any financial assistance. When the father requested financial assistance for care at a home for his child, he was informed that this was seen as a boarding house expense and that they were not willing to help in any way.
The parents had no financial means to instruct an attorney and when they consulted Simpsons Attorneys we indicated that we are willing to investigate the matter on a no-success no-fee basis.
The first step was to obtain a merit trial to establish the merits of the case in terms of the law and the facts of the case. The defendants were willing to concede to the merits of the case. Preparation for the quantum trial, which deals with the remuneration of damages, began but the defendants were never “trial ready”. This forced us to interact with the deputy judge president in an attempt to force the defendants to prepare for trial and to demand a trial date.
Trial started and seven days into leading evidence, the defendants made us an offer, and a settlement of 8.5 million was accepted.
It’s a heart-warming feeling to know that we have played a role in bringing this family back together after 14 years. It is wonderful to know that the couple’s child will now receive the necessary medical assistance in the comfort of their own home.
Due to the delay in contacting us and instituting a claim, the parents were not entitled to claim any expenses incurred. The injured party was able to institute a claim against the wrongdoer, after a curator was appointed. If the parents had obtained legal advice within 3 years of the birth, they would have been in a position to claim back all their expenses.
