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You can’t turn back time but you can get what you are entitled to.

Brendan’s Story

Brendan was a tiny preterm baby after he was born prematurely at only 26 weeks and with a weight of a mere 750g.  A baby’s lungs only start developing and producing the necessary fluids to help the lungs inflate properly at 26 weeks. The major growth actually happens in the last month of pregnancy (around 36 weeks). A baby’s eyes similarly start blinking while still in utero around 27 weeks, but lens growth only really plateaus around 37 weeks. The eyes therefore also continue to grow and develop even after birth.

https://www.blf.org.uk/support-for-you/how-childrens-lungs-grow

Due to his prematurity, tiny little Brendan’s condition was unstable and he had to have numerous blood transfusions.   He suffered a number of apnoea attacks, episodes of up to 20 seconds where a baby stops breathing.  As a result of these awful episodes, Brendan was placed on a ventilator in the neonatal ICU where he was given extra oxygen to help his lungs.

A huge risk in a tiny baby being placed on a ventilator is the underuse and overuse of oxygen.  It is well documented that it is easy to damage the eyes of preterm infants by administering too much oxygen, especially in the first few weeks of life. The oxygen levels have to be monitored and kept at less than 95% to prevent damage to their eyes.  If the oxygen is not monitored successfully, the oxygen interferes with the development of the eye lenses and can lead to a condition called Retinopathy of Prematurity (ROP).  Aside from ensuring the levels of oxygen is safe, infants should be screened for ROP on the basis of birth weight (≤1500 g), gestational age (30 weeks or less).

Guideline for the prevention, screening, and treatment of retinopathy of prematurity (ROP) (L Visser et al) http://www.samj.org.za/index.php/samj/article/view/6305/4865

ROP does not occur in full term (36week +) neonates, as the retina is fully developed. The disease is a preventable cause of blindness if supplemental oxygen therapy is used appropriately, and a screening program is in place for preterm neonates who have received such therapy. If there are early signs of ROP picked up due to proper ophthalmological examination, laser cryotherapy can be administered to limit and even prevent the damage.

After two months in hospital, Brendan was discharged to go home. No-one warned or educated his parents that he may have problems with his eyes and that this should be checked due to his young age and small weight. Brendan was not examined by an ophthalmologist during his stay in the hospital or after his discharge. As a result of this, it was later determined that he was blind in both eyes. His eyes were severely damaged and his appearance was unacceptable.  His mom knew something was wrong and didn’t know where to start.

She contacted Paul du Plessis Attorneys……

After examining the medical records, it was determined that the care Brendan received was substandard. We assisted his family with a medical negligence claim based on the significant expenses that would need to be incurred over the rest of his life. He would also not be able to qualify in a mainstream school, earn a degree or an income.  Brendan and his family’s whole life would be different. Brendan needed to be fitted with shield type contact lenses to improve his appearance. He would require specialized equipment around his house to ensure that he could live as independently as possible given his visual handicap. He would be dependent on others more than he would ever have been and the goal of a claim would be to give him all the opportunities in life to be successful.

We were able to successfully finalize Brendan’s claim and obtain compensation for all these challenges that he would face.  Brendan was always musically gifted. He composed and performed songs, especially in the Boeremusiek genre, as a keyboard player. He had released CD’s and have been able to perform with bands where he is able to live out his passion.

Brendan Bouwer – 18yr blind keyboard player https://www.youtube.com/watch?v=Kt12DHBcMF0