Hanan Qaireen Mohd Sukri, who suffered brain damage during birth and was subsequently diagnosed with Spastic Quadriplegic Cerebral Palsy, filed the suit through her father, Mohd Sukri Mahat, 46, who is her legal litigation representative.
Judicial Commissioner Datuk Isa Aziz Ibrahim awarded RM10.77 million in future general damages to cover the plaintiff's lifelong treatment, rehabilitation and multidisciplinary care.
The court, however, rejected a RM220,000 claim for stem cell treatment after ruling that its effectiveness had yet to be established and that it remained experimental.
Hanan Qaireen was also awarded RM500,000 in general damages, RM441,754.83 in special damages, RM300,000 in aggravated damages, RM157,792.22 in pre-trial damages and RM176,718.75 in legal costs and expenses.
Interest of five per cent was also imposed on the relevant damages and judgment sum.
In his judgment, Isa advised the family to manage the compensation carefully for the girl's welfare.
"Although the amount may seem large, it is for 55 years. If calculated, the compensation is only about RM20,000 a month, which I believe is adequate and not excessive.
"What has happened has happened. This is our qada and qadar as Muslims. I hope the amount will not be wasted and will be used as it should," he said.
The suit was filed on Oct 30, 2023, naming 11 defendants, including the Malaysian government, a hospital director and nine doctors. Hanan Qaireen's mother, Noraisah Ali, 42, was initially named as the second plaintiff.
However, the suit against the 10 other defendants was withdrawn and Noraisah's name was removed after the Malaysian government, the 11th defendant, admitted liability on the final day of the trial on June 16.
The assessment of damages took six days from Sept 29 last year, with the plaintiff calling four witnesses, including two experts. The defence did not call any witnesses.
According to the statement of claim, Hanan Qaireen was born on Feb 18, 2018, with APGAR scores of 1, 3 and 4 at 1, 5 and 10 minutes respectively. She required intubation at the fourth minute after being unable to breathe on her own before being admitted to the Neonatal Intensive Care Unit.
An electroencephalogram conducted on the same day showed moderate to severe neonatal encephalopathy.
An MRI scan on March 9, 2018, showed severe injuries to several key brain structures. Subsequent examinations between 2019 and 2023 confirmed the diagnosis of Spastic Quadriplegic Cerebral Palsy, which affects movement in all four limbs.
Hanan Qaireen was represented by lawyers Nur Maizatul Syakira Hashim and Mohamed Fadly Zakariya, while Senior Federal Counsel Norafiah Saini represented the Malaysian government. - NST
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