Botched surgery to her arm killed any chances an aspirant SANDF chef had to achieve her dream 12 years ago, leaving her limb deformed, and requiring further surgeries and ongoing treatment, said the woman, who has been fighting for three years to claim damages from the Minister of Defence.
Now working in the transport sector in Saldanha Bay, Sharmony Arends said staff at 2 Military Hospital in Wynberg were negligent during the operation, which left her disfigured and with compartment syndrome, necessitating future operations, skin grafting, and ongoing medical treatment. She has also since been diagnosed with depression.
Her lawyer Tzvi Brivik, director of Malcolm Lyons and Brivik Inc, told the Cape Argus the current value of the claim was just below R5m.
The matter is currently in the Western Cape High Court after Judge Elize Steyn in 2023 handed down judgment and ordered that the Minister for Defence was liable for the damages and for the costs of the legal action.
“What remains now is for her to prove the value of that claim,” said Brivik. “We’ve instructed various experts to lead evidence on her constant pain and disability, and that she has lost promotional opportunity and is unlikely to advance, as she would have before the surgery.”
At the time, Arends was an SANDF hospitality clerk who worked as an assistant chef.
The Minister has denied the allegations, claiming their employees acted with due skill and care, that extravasation is a known complication and they were not liable for the damages.
“The defendant pleads that the medical, nursing and professional staff who treated…and provided medical services, care and supervision … acted within the course and scope of their employment… alternatively under the defendant’s direction and control.
“The defendant took the necessary steps to ensure the cannula was correctly and safely positioned, including to establish … easy aspiration and back flow of venous blood through the cannula.”
After the initial operation, when Arends noticed a change in her voice, she 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, before the nodule biopsy, she was injected with a contrast medium in her left arm (dominant side), which was necessary for the scan.
“However, she started developing severe pain and burning sensation in the left arm and the examination was terminated.
“She was then admitted for observation – and her left arm changed colour.
“Later, a decision was made for surgical release of the compartments and a fasciotomy was performed.”
Arends continued to experience pain, finding it difficult to perform her job. She underwent several check-ups and was referred for occupational therapy.
In 2015, she had scar revision/skin grafting and continued her occupational therapy: she claimed she was told there was nothing they could do.
A medical report by expert Hanien Du Preez found that she suffered from depression as a new disability.
The matter will be heard next month.
Cape Argus PressReader article – Aspiring chef sues for R5m (Open access)
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SANDF’s military hospitals now ‘in intensive care’
Soldier claims R2.1m for facial paralysis after 1 Military Hospital operation