Christiano loves the beach and he adores cars. He is his parents’ only child and has recently celebrated his fifth birthday. Yet he is not running around, laughing or playing with his friends. Instead, when you look around the rooms of his home, you see a standing frame, a buggy, wheelchair and a walker. Christiano was born on 2 May 2012 at Karl Bremer Hospital. Due to negligent complications during his birth, he now has Cerebral Palsy. Current research suggests that the majority of Cerebral Palsy cases result from abnormal brain development or brain injury prior to birth or during labour and delivery. Accidents, abuse, medical malpractice, negligence, infections, and injury are some known risk factors that may lead to Cerebral Palsy. The journey for the child and the families involved is difficult at best. The costs of caring for such a child can be exorbitant.
His mother and father wanted to give Christiano a fighting chance in life, despite his disability. This year, 5 years and 6 months after his birth, Christiano’s family finally received a just settlement in their case against the Minister of Health. Here is their story.
Birth
His mother, Charmlene Magerman, reflects upon their difficult road during the last five years. She recalls the Friday before his birth when she went to Karl Bremer hospital, excited at the prospect of giving birth to her first child. There were no beds available and she was advised to go to the nearest day hospital in her area.
That Saturday morning, her labour pains began and she went to the Kraaifontein Day hospital for help. They checked her progress and advised her to go back home. At home her pain was getting worse, so she decided to go back to the hospital later that day, but was sent home again for the second time. After timing her contractions she went back a third time. At only 1cm dilated, they sent her home again.
After 3-4 days of labour, she eventually ended up back at Karel Bremer where her mother was now struggling with the staff to help her daughter. The sister informed them that the baby’s heart rate was dropping and that she had to undergo an emergency caesarean section.
Diagnosis
Shortly after his birth, baby Christiano was transferred to the intensive care unit at Tygerberg Hospital. His mother never had the chance to hold him when she woke up after the operation; instead, she received the news of her son’s transfer to ICU. His father was informed that his son had 90% brain damage and that he has Cerebral Palsy, also that he was probably not going to survive. His mother was in shock and, in a desperate attempt to keep her own sanity, blocked the incident from her brain. Medical procedures involving cooling his body temperature improved his prognosis and reduced the percentage of brain damage. Christiano spent the next two months in hospital with his mother always by his side.
The sister on duty referred his parents to Simpsons Attorneys.
A Struggle
Charmlene works in the bakery department of a PicknPay store. Her maternity leave was over, yet she was granted another month’s leave by her employer. Her aunt assisted her in taking care of the baby. She recalls that Christiano could not feed and drink normally. No bottles worked, she could not console him with a pacifier, and he required a special squeeze bottle to consume any milk.
Whilst growing up, Christiano was constantly ill and developed high fevers, which in turn sparked epileptic fits. It starts with his mouth, eyes and hands convulsing and can carry on for up to an hour. When the frightening ordeal is over, he is exhausted and needs to sleep.
Every time a fit occurs, they had to rely on government hospitals to help them and sat there waiting between people under the influence of alcohol or trauma, even though they needed immediate medical care for their son.
A Fighting Chance
After making contact with Simpsons Attorneys to help with their case, they finally received help at Cape Gate MediClinic and due to the care of a private doctor, his seizures are now under control. He also has access to a wheelchair and walker. Although Christiano has no speech, his parents are acutely tuned into his needs. They know from his facial expressions whether he is going to have a good or a bad day.
They are trying their best to make him as comfortable as possible but they are currently living with their parents since they had to use all their funds for his medical needs. Subsequently, there isn’t enough space to accommodate his walker and wheelchair and he cannot be outside since the area in which they live is dangerous.
Their dream is to provide him with a stable and safe environment, possibly their own home with a room filled with the correct equipment and a good education. Christiano is currently a learner at Paarl School in Brackenfell.
Charmlene sighs, she says they don’t want a plenty, they just want to be able to live a normal life. She aspires to start her own business in order to be with Christiano to stimulate him more.
Their marriage was challenging at the beginning since all their time and effort were devoted to their child; his needs constantly dictating their daily life. Says his father, Dorian-Ross, “I can’t predict the future. I just want to see him growing up and looked after and for him to find his purpose in life.”
His advice to other parents in a similar situation is to hang in there, to stand together and to give your best every day. Says Dorian-Ross, “We have accepted it and take each day as it comes.”
Victory
The matter between Charmlene Magerman against the Minister of Health was settled for
R9 767 329.44 and confirmed by way of a court order in the Western Cape High Court on 13 November by Judge Judy Cloete.
According to Tamlyn Melville, the attorney in the case, they are very pleased with the outcome and arrangements have already been made for the funds to be invested and managed by a prominent financial institution that will provide Christiano with the care he needs now and in future. The terms of the trust are extremely unique and will ensure that should the funds allocated for future medical and related treatment become depleted, the Department of Health will provide a top-up facility. According to Melville, this is a win-win for both parties since the government’s funds aren’t being readily depleted due to overcompensation yet the Client is fully protected and adequately covered in respect of his future needs.
Simpsons Attorneys is a specialised personal injury firm in Bellville. They know your rights and will get you the compensation you deserve on a no-win, no-fee basis. Visit www.simpsonsattorneys.co.za or call 021-9492270 for further information.
