A former SANDF chef seeks R5 million in damages from the MEC for Defence with claims of negligence from medical staff. ,
Image: Independent Newspapers Archive
Cape Town - An aspirant SANDF chef who now works in the transport sector in Saldanha Bay has been fighting for three years in her bid to claim R5 million in medico legal damages against the Minister of Defence.
This, as she argued staff at 2 Military Hospital in Wynberg were negligent during a botched operation to her arm 12 years ago, leaving her deformed and with compartment syndrome, requiring future operations, skin grafting, and ongoing medical treatment.
Sharmony Arends is being represented by lawyer Tzvi Brivik, director of Malcolm Lyons and Brivik Inc. Brivik told the Cape Argus the matter was being heard at the Western Cape High Court.
“The current value of the claim is just below R5m,”said Brivik.
The matter is currently before Judge Allie after Judge Elize Steyn in 2023 handed down judgment and ordered the Minister for Defence was liable for the damages suffered by Arends and for the costs of the legal action.
What remains now is for her to prove the value of that claim. It is for that reason that we’ve instructed the various experts to lead evidence on her constant pain disability and the fact that she has lost promotional opportunity and is likely not to advance as she would have pre-the accident,” said Brivik.
Arends was a SANDF hospitality clerk who aspired to be a chef and worked as an assistant at the time of the incident.
The Minister denied the allegations, claiming their employees acted with due skill and care. They argued that extravasation is a known complication and they were not liable for the plaintiff's damages.
“The defendant pleads that those medical, nursing and professional staff that treated, attended to and provided medical services, care and supervision for the plaintiff at the hospital had acted within the course and scope of their employment with the defendant, alternatively under the defendant's direction and control.
“The defendant correctly positioned the cannula. “The defendant took the necessary steps to ensure that the cannula was correctly and safely positioned, including to establish that there was easy aspiration and back flow of venous blood through the cannula.
”After the initial operation, Arends sought medical treatment on September 23, 2013, when she noticed a change in her voice and went to the casualty department of 2 Military Hospital.
“Further examination revealed thyroid enlargement with nodules and she was referred to radiology for further investigations,” the papers reveal.
“On 23, September, 2013, prior to the nodule biopsy she was injected with a contrast medium in her left arm (dominant side), which was necessary for the scan.
“During this examination Ms Arends started developing severe pain and burning sensation in the left arm and the examination was terminated.“She was then admitted to the ward for observation, her left arm changed colour.
“Later that afternoon a decision was made for surgical release of the compartments and a fasciotomy was performed.” Arends claimed she continued to suffer with pain and found it difficult to perform her tasks at work and underwent several check-ups and was referred for occupational therapy. In 2015, she underwent scar revision/skin grafting and continued her occupational therapy and claimed she was told there was nothing they could do.
A medical report by Hanien Du Preez found that she suffered from depression as a new disability. The matter will be heard next month.