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[2] The plaintiffs are the parents of IDT who was born at Mowbray Maternity Hospital on 12 January 2009.

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In most instances the experts filed two and sometimes three reports.[6] In regard to argument, I directed that counsel file concise heads not exceeding 50 pages in length so that I could obtain a clear view of their final positions on the main issues. An already lengthy judgment would be further extended if I were to identify and respond to all the arguments.

I indicated that they were at liberty to file supplementary long heads or appendices. I have, however, read all the submissions and endeavoured to ensure that my judgment addresses the main contentions.[7] By the time the trial started the claims were R2 010 354 for the plaintiffs personally, R32 932 148 for IDT and R3 293 215 for the cost of protecting and administering IDT’s award.

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 Centre for Child Law (‘CCL’), which was admitted as an amicus curiae in respect of the trust issues, was represented during argument by Mr Dutton leading Ms Campbell.

They claimed damages for themselves and on behalf of IDT. The present judgment is concerned with quantum only.

[4] The trial ran for 45 days from mid-February to mid-June 2016.

On the other hand, a more severe impairment might reduce IDT’s life expectancy, thus reducing the period over which future interventions will be necessary.

Another international standard is the Manual Ability Classification System (‘MACS’) which measures the functional ability of a person’s manual abilities.[3] This is also a five-level system.

He was readmitted to the hospital on 16 January 2009.

By the time he was discharged on 22 January 2009 he had suffered irreversible brain damage, resulting in athetoid cerebral palsy (‘CP’).[3] In December 2010 his parents issued summons against the defendant alleging negligent failure to diagnose and treat the jaundice timeously.

Agreement has been reached on the amount to be paid by the defendant in this latter respect.[13] IDT can eat finger-foods on his own.

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