A Perth girl who was left brain damaged while receiving burns treatment in hospital has won a long legal battle claiming negligence against Western Australia's child health service.
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Sunday Mabior was 18 months old when she was admitted to Princess Margaret Hospital with scald injuries in 2005. She wound up two days later in the intensive care unit, where she suffered organ failure, heart attacks, brain damage and cerebral palsy.
WA's Child and Adolescent Health Service appealed to the High Court to overturn a unanimous decision by the WA Court of Appeal that upheld an earlier finding of negligence.
The latest appeal was rejected in a High Court judgment handed down on Wednesday.
Maurice Blackburn lawyer Ian Murray said the decision vindicated the family's long battle for justice.
"Sunday's injuries should have been non-life threatening. However, a failure to recognise that she had developed an infection treatable with antibiotics caused her to have two cardiac arrests and suffer from a brain injury," Mr Murray said in a statement.
"This constant fight for justice has understandably exerted its own toll on the Mabior family and we are all relieved that there are no longer any avenues for (CAHS) to avoid liability for Sunday's injuries."
The family's lawyers have previously indicated they intend to pursue a multimillion-dollar damages payout given the extent of Sunday's injuries.
Australian Associated Press
