Princess Margaret Hospital faces multi-million-dollar payout after toddler left disabled
Updated
The family of a Sudanese refugee is expected to be awarded millions of dollars after successfully suing Perth's major children's hospital for negligence over treatment she received as a toddler that left her with a severe disability.
Sunday Mabior was 18 months old when she was taken to Princess Margaret Hospital (PMH) in December, 2005, after being scalded by hot water from a bath tap at the family's home.
She had suffered burns to about 20 per cent of her body in the accident that took place in the northern Perth suburb of Marangaroo.
Her condition deteriorated over the next couple of days and she experienced a dangerously high temperature and heart rate.
By the time she was taken to intensive care, the court was told she was in a "life and death struggle".
She ultimately suffered two heart attacks and developed cerebral palsy, leaving her severely disabled and reliant on crutches or a wheelchair to get around.
The Mabior family sued the Child and Adolescent Health Service, with their lawyers arguing that staff at PMH repeatedly adjusted Sunday's fluid intake but did not consider any alternative treatments — even when her condition did not improve.
The claimed hospital staff did not appreciate the immediacy of the situation.
Today District Court Judge Anthony Derrick ruled in the family's favour, meaning it will now be awarded damages — which lawyers expect will run into the millions.
Sunday needs to 'know what happened'
Sunday, who is now 13, was at court with her family for the decision.
Outside court the family's lawyer, Phil Gleeson, read a statement on their behalf.
"We're very pleased with the result," the statement said.
"The reason we have pursued this case is because our daughter, Sunday, is growing up and she always asks the reason for her disability.
"It is appropriate for her to know what happened as she grows up.
"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."
Mr Gleeson said the family had been "patient and determined advocates for Sunday over many years".
"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," he said.
"Instead, Sunday must now live with the consequences of significant brain injury for the rest of her life."
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