Ministry delays settlement talks in stillbirth lawsuit

The health ministry has failed to comply with a court order to participate in settlement negotiations in a lawsuit in which a woman is suing the state for N$4 million in damages.

Yvonne Pollmann is suing the ministry for her baby's stillbirth after the infant allegedly suffocated in her womb during childbirth.

Pollmann and her husband, Jacques, are suing the ministry and two doctors at the Otjiwarongo State Hospital after she had to wait 12 hours in 2022 before an emergency caesarean was performed, despite several requests for the procedure and the severe pain she experienced.

Instructions not followed

On 13 December, the case was adjourned to Wednesday this week for parties to enter settlement negotiations.

The negotiations could not proceed, however, as no settlement offer was provided by the ministry.

"The defendants [ministry] were unable to engage in the settlement due to the retirement of Mr Siseho, the director within the ministry who was responsible for providing instructions on civil cases against the ministry," the ministry informed the court on Tuesday in a case planning report.

The ministry also failed to submit an application for condonation for the failure to participate in settlement negotiations as ordered by the court.

Settlement still on the table

This application had to be submitted to the court before 31 January, but in court documents, the ministry stated they were unable to submit the condonation application due to Siseho's retirement.

"After his retirement, the cases were assigned to two colleagues within the ministry, but they indicated that they still needed more time to apply their thoughts and provide their legal practitioner with a record of their instructions regarding a possible settlement."

The ministry did indicate in its report that they are of the opinion that the parties can still meet and agree on a settlement.

"However, the defendants' legal practitioner of record needs more time for their clients to consider the case and provide complete settlement instructions," the ministry informed the court.

A life lost

Pollmann was admitted to the hospital's maternity ward on 6 March 2022, after experiencing unbearable pain in her abdomen and back.

According to her submission to court, the severe pain continued from her admission at around 18:00 on Sunday until she was finally pushed into the theatre at 01:15 the following Tuesday.

She claimed that the infant was not monitored on admission, no sonar was conducted and that she was not instructed to refrain from eating or drinking.

Furthermore, she alleged that no blood tests were performed during her admission to determine her blood group, which would have ensured that blood was readily available for a transfusion in the event of an emergency caesarean.

The excruciating pain Pollmann experienced allegedly caused her unborn baby to release meconium. Meconium is a baby's first stool and is sticky, thick and dark green. It consists of cells, proteins, fats and intestinal secretions such as bile.

Pollmann claims that the extended period from the initial diagnosis that her baby was in distress due to the release of meconium until the emergency caesarean was finally performed resulted in her baby being stillborn.

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