Health ministry settles stillbirth lawsuit for N$1.2 million
The health ministry has agreed to pay a N$1.2 million settlement to the grieving parents of a stillborn baby girl whose death was reportedly caused by medical negligence at the Otjiwarongo State Hospital.
Yvonne and Jacques Pollmann, a married couple, sued health authorities for N$4 million in March 2023, including health minister Dr Kalumbi Shangula, as well as doctors Felix Mutombo and 'Biti' (the name provided in court documents), following the loss of their baby nearly three years ago.
The couple's baby was stillborn after it allegedly suffocated in her womb - despite repeated requests for an emergency caesarean section.
'Medical tragedy'
Dr Varnia Wicomb, a medical doctor who testified in the case, told the court that Yvonne was 40 weeks pregnant, with her delivery due on 4 March 2022.
"Yvonne was a high-risk patient because she was of advanced maternal age. The intrauterine death of baby Pollmann is a medical tragedy."
She testified that "poor obstetric decisions were made from the antenatal booking up to the induction of labour and the timing of the emergency caesarean section delivery."
Jacques told the court that he pleaded with Dr Biti 16 times to attend to his wife.
"The doctors and nurses kept urging us to be patient, explaining that since it was my wife's first child, she was not yet accustomed to labour pains."
Trauma and suffering
In their lawsuit, Yvonne explained that on 6 March 2022, while heavily pregnant and experiencing severe abdominal pain, she was admitted to the maternity ward at Otjiwarongo State Hospital.
She told the court that the doctors and nurses, responsible for monitoring her and her unborn child, delayed performing a caesarean section for more than 12 hours.
"I was told not to eat or drink anything and no sonar was performed since I was admitted. All pleas by my husband and me for an emergency caesarean were ignored by the nurses, midwives and doctors," Yvonne recounted. She said the experience caused her severe emotional shock and trauma.
As a result of prolonged distress, Yvonne lost her unborn child. "She suffered suffocation, perinatal asphyxia and brain damage," the lawsuit stated.
Settlement agreement
The couple's N$4 million demand included payment for general damages, emotional shock and trauma, inconvenience and discomfort, loss of amenities and future medical expenses for psychological counselling to cope with the loss of their child.
Windhoek High Court judge Beatrix de Jager ruled last Friday that the court accepted Dr Wicomb’s expert opinion that the medication given to the mother caused excessive contractions, which led to a lack of oxygen for the baby and, ultimately, the baby’s death.
The judge also said the couple proved the hospital’s mistake likely caused their loss.
Yvonne and Jacques Pollmann, a married couple, sued health authorities for N$4 million in March 2023, including health minister Dr Kalumbi Shangula, as well as doctors Felix Mutombo and 'Biti' (the name provided in court documents), following the loss of their baby nearly three years ago.
The couple's baby was stillborn after it allegedly suffocated in her womb - despite repeated requests for an emergency caesarean section.
'Medical tragedy'
Dr Varnia Wicomb, a medical doctor who testified in the case, told the court that Yvonne was 40 weeks pregnant, with her delivery due on 4 March 2022.
"Yvonne was a high-risk patient because she was of advanced maternal age. The intrauterine death of baby Pollmann is a medical tragedy."
She testified that "poor obstetric decisions were made from the antenatal booking up to the induction of labour and the timing of the emergency caesarean section delivery."
Jacques told the court that he pleaded with Dr Biti 16 times to attend to his wife.
"The doctors and nurses kept urging us to be patient, explaining that since it was my wife's first child, she was not yet accustomed to labour pains."
Trauma and suffering
In their lawsuit, Yvonne explained that on 6 March 2022, while heavily pregnant and experiencing severe abdominal pain, she was admitted to the maternity ward at Otjiwarongo State Hospital.
She told the court that the doctors and nurses, responsible for monitoring her and her unborn child, delayed performing a caesarean section for more than 12 hours.
"I was told not to eat or drink anything and no sonar was performed since I was admitted. All pleas by my husband and me for an emergency caesarean were ignored by the nurses, midwives and doctors," Yvonne recounted. She said the experience caused her severe emotional shock and trauma.
As a result of prolonged distress, Yvonne lost her unborn child. "She suffered suffocation, perinatal asphyxia and brain damage," the lawsuit stated.
Settlement agreement
The couple's N$4 million demand included payment for general damages, emotional shock and trauma, inconvenience and discomfort, loss of amenities and future medical expenses for psychological counselling to cope with the loss of their child.
Windhoek High Court judge Beatrix de Jager ruled last Friday that the court accepted Dr Wicomb’s expert opinion that the medication given to the mother caused excessive contractions, which led to a lack of oxygen for the baby and, ultimately, the baby’s death.
The judge also said the couple proved the hospital’s mistake likely caused their loss.
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