Mpumalanga mother loses bid to increase cerebral palsy damages from R600k to R2.5 million after child's death

The Mpumalanga High Court has rejected a mother's appeal to significantly increase the damages awarded to her daughter who died with cerebral palsy before the compensation was determined. The court upheld an earlier decision to grant R600,000 in general damages to the child's mother, rejecting her request for R2.5 million. The court ruled that general damages are meant to compensate a person for pain, suffering and loss of amenities of life, not to benefit a deceased person's estate after their passing.

The case involved a child born with cerebral palsy in February 2017, whose mother sued the provincial Department of Health on her behalf. Despite a settlement in May 2022, the child died in August 2023, making it impossible to determine the compensation amount before the court process concluded in April 2025. The judges found that comparing the Mpumalanga case to a previous Gauteng High Court decision, which awarded R1.5 million to a child still alive, was not suitable, as the circumstances differed significantly.