Freetown, Sierra Leone with extensive field travel Type of posting: International delegate subject to applicable labor and tax law Time frame: The project is expected to require 10 weeks of full-time work Desired starting date: The hardest hit countries were Guinea, Liberia and Sierra Leone, where over 11 people perished.
After mother and child were discharged following an uneventful birth, IDT began to exhibit signs of jaundice. He was readmitted to the hospital on 16 January They claimed damages for themselves and on behalf of IDT. In July the defendant conceded the merits. The present judgment is concerned with quantum only.
I heard argument over four days in the second week of August In argument on the trust issues the teams were supplemented by Ms Pillay for the plaintiffs and by Mr Budlender SC for the defendant. The defendant served expert reports from 15 experts of whom six testified.
In most instances the experts filed two and sometimes three reports. I indicated that they were at liberty to file supplementary long heads or appendices. I was given four files of legal authorities.
An already lengthy judgment would be further extended if I were to identify and respond to all the arguments. I have, however, read all the submissions and endeavoured to ensure that my judgment addresses the main contentions. Certain items of the claims were agreed before and during the trial.
Many items remain fully in dispute. Athetoid CP is characterised by low muscle tone and uncoordinated movements.
The sufferer is unable to isolate the muscles required for a desired activity.
Fine motor movement is problematic. He can get from the floor or a chair to a standing position. He can walk short distances unaided, using walls and furniture for stability.
His gait is uneven with a wide base.
He can propel himself on a toy scooter and pedal a tricycle. He has a manual wheelchair which in the home is used as a chair rather than for mobility. The more severe the impairment, the greater might be the need and cost of interventions.
Agreement has been reached on the amount to be paid by the defendant in this latter respect. He can use a spoon and fork but the process is slow and messy.
The ability to self-feed is relevant to life expectancy. The defendant considers that IDT is for all practical purposes fed by others and should not be considered a self-feeder.
This tends to reduce his life expectancy. The plaintiffs hold a contrary position. He still wears diapers. Although he defecates and urinates in his diapers, he has been taught to go to a particular part of the house when he wishes to defecate. It is intended that he should undergo toilet training and that there may be improvement.
The claims relating to the cost of diapers and the increased risk of medical conditions associated with incontinence have been settled. The form of hearing loss is auditory neuropathy. In this condition the outer hairs of the cochlear have normal function but the transmission of electrical signals to the brain via the auditory nerve is not synchronised.
This affects the volume and coherence of perceived sound, which may fluctuate from moment to moment. By the start of the trial they confined the claim to hearing aids.
IDT was fitted with hearing aids in May on the recommendation of Red Cross Hospital but showed resistance to wearing them. There was a dispute as to whether IDT would benefit from hearing aids and to what extent he would tolerate them.
The extent and cost of future audiological assessments were also in issue. Because of his severe hearing impairment he will probably not develop expressive speech. He can make sounds but cannot verbalise. The precise extent to which he can hear and understand speech unaided is unclear.
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