Judge awards hospital damages payout to Sudanese teen

One of Perth’s major hospitals faces a multi-million dollar payout after a toddler with burns ended up with irreversible brain damage.

Sunday Mabior was 18 months old when she was rushed to Princess Margaret Hospital for Children in 2005 after she was scalded by hot water from a bath tap.

The Sudanese toddler suffered burns to almost 20 per cent of her body.

Sunday ended up the intensive care unit, where she suffered lung failure and two heart attacks and developed cerebral palsy.

 

 Sunday Mabior and her family outside court on Friday after the judge ruled in their favour

Today, Sunday, 13, is confined to a wheelchair and has lifelong injuries.

The Mabior family sued the Child and Adolescent Health Service, claiming hospital staff didn’t properly monitor Sunday’s condition.

On Friday, District Court Judge Anthony Derrick ruled in the family’s favour.

The payout amount is yet to be settled. 

Outside court, lawyer Phil Gleeson read out a statement on behalf of the Mabior family.

‘The reason we have pursued this case is because our daughter, Sunday, is growing up and she always asks the reason for her disability,’ he said.

‘Since 2005 it has been very tough on us as her parents and her carers because of the injuries she sustained — it has caused only one of us parents being able to work as she needs all-day care.

‘We do not see the whole of PMH as responsible for our daughter’s injuries, only those who [were] there in ICU on the night.’

Today, Sunday Mabior, 13, has irreversible brain damage and is confined to a wheelchair

Today, Sunday Mabior, 13, has irreversible brain damage and is confined to a wheelchair

Princess Margaret Hospital for Children is Western Australia's only dedicated paediatric hospital and major trauma centre

Princess Margaret Hospital for Children is Western Australia’s only dedicated paediatric hospital and major trauma centre

Mr Gleeson added:

‘Like all parents, Mr and Mrs Mabior expected that their daughter would return home full of beans after a short stay in the hospital for scald burns. Instead, Sunday must now live with the consequences of significant brain injury for the rest of her life.’

Health Minister Roger Cook vowed his department would work closely with the family to get a fair outcome.

‘Occasionally we get it wrong but what is important is that we learn from those experiences,’ he told the ABC.

 A CAHS spokesperson said the board acknowledged the family’s distress and would review the judge’s findings.

‘We recognise the continued commitment of all our staff to deliver the highest possible standard of care to our patients, the statement said. 



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