The Mthatha High Court has ordered the Eastern Cape department of health to pay personal injury lawyer Zuko Nonxuba R8-million as a result of a medical negligence case.
The order comes three weeks after the department paid Johannesburg-based Nonxuba R7.6-million for an unrelated medical negligence claim.
The order was granted on March 29 by Judge Buyiswa Majiki. The department has been ordered to pay Nonxuba within 30 days.
Department spokesman Siyanda Manana told the Dispatch they had no other option but to pay.
The department does not have cash reserves for lawsuits launched against it and the money is sourced from day-to-day operational budgets aimed at delivering health services across the province.
Nonxuba sued the department in 2014 on behalf of Lindelwa Mcholwa following an April 6 2008 incident when a pregnant Mcholwa was admitted to All Saints Hospital in Engcobo.
Mcholwa experienced complications during the birthing process resulting in the baby sustaining brain damage.
Nonxuba, arguing on behalf of Mcholwa, said that hospital staff were negligent in failing to recognise that Mcholwa was a high-risk patient who should have been admitted to a higher level medical facility from the outset.
According to the court papers baby Linomtha experienced pain, suffering and discomfort and will continue suffering as a result of permanent brain damage.
Last month Nonxuba received R7.6-million which was paid into his account following a successful bid to have vehicles from the health department’s fleet attached after it failed to honour a November court order.
This saw 16 vehicles attached by the sheriff of the court.
The department had to move swiftly to source the money from cash meant to pay employees and to buy goods and services as the sheriff threatened to auction the vehicles.
As soon as the money reflected in his bank account the vehicles were released just for them to be attached again pending further settlements.
They remain in the custody of the sheriff of the court in King William’s Town.
The R7.6-million payout was for a claim Nonxuba had made on behalf of 29-year-old Mthatha resident Vuyokazi Fikileni, who was left paralysed three years ago during child birth.
In the last three years Nonxuba has been paid R48-million by the provincial health department in medical negligence claims comprising seven cases.
His formidable wealth and reputation as a personal injury lawyer have not gone unnoticed.
The Hawks announced last month they were investigating Nonxuba for fraud in his dealings with victims of the Road Accident Fund.
The law societies of the Cape, Free State and Northern Provinces are also probing his conduct.
Nonxuba told the Dispatch his work was all above board and said he had never been approached by any law enforcement agency to question him about his work.
However, he has enlisted the services of an Eastern Cape defence attorney should the need arise he said.
Court orders R8m payout for medical negligence
The order comes three weeks after the department paid Johannesburg-based Nonxuba R7.6-million for an unrelated medical negligence claim.
The order was granted on March 29 by Judge Buyiswa Majiki. The department has been ordered to pay Nonxuba within 30 days.
Department spokesman Siyanda Manana told the Dispatch they had no other option but to pay.
The department does not have cash reserves for lawsuits launched against it and the money is sourced from day-to-day operational budgets aimed at delivering health services across the province.
Nonxuba sued the department in 2014 on behalf of Lindelwa Mcholwa following an April 6 2008 incident when a pregnant Mcholwa was admitted to All Saints Hospital in Engcobo.
Mcholwa experienced complications during the birthing process resulting in the baby sustaining brain damage.
Nonxuba, arguing on behalf of Mcholwa, said that hospital staff were negligent in failing to recognise that Mcholwa was a high-risk patient who should have been admitted to a higher level medical facility from the outset.
According to the court papers baby Linomtha experienced pain, suffering and discomfort and will continue suffering as a result of permanent brain damage.
Last month Nonxuba received R7.6-million which was paid into his account following a successful bid to have vehicles from the health department’s fleet attached after it failed to honour a November court order.
This saw 16 vehicles attached by the sheriff of the court.
The department had to move swiftly to source the money from cash meant to pay employees and to buy goods and services as the sheriff threatened to auction the vehicles.
As soon as the money reflected in his bank account the vehicles were released just for them to be attached again pending further settlements.
They remain in the custody of the sheriff of the court in King William’s Town.
The R7.6-million payout was for a claim Nonxuba had made on behalf of 29-year-old Mthatha resident Vuyokazi Fikileni, who was left paralysed three years ago during child birth.
In the last three years Nonxuba has been paid R48-million by the provincial health department in medical negligence claims comprising seven cases.
His formidable wealth and reputation as a personal injury lawyer have not gone unnoticed.
The Hawks announced last month they were investigating Nonxuba for fraud in his dealings with victims of the Road Accident Fund.
The law societies of the Cape, Free State and Northern Provinces are also probing his conduct.
Nonxuba told the Dispatch his work was all above board and said he had never been approached by any law enforcement agency to question him about his work.
However, he has enlisted the services of an Eastern Cape defence attorney should the need arise he said.
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