Court awards R5.5million in damages after twin swop at birth

The consequences of a tragic incident more than 20 years ago, when two sets of twin girls were accidentally swapped at birth, unfolded in the Gauteng High Court, Pretoria, with the Gauteng MEC for Health ending up having to pay R5.5million in damages.

Judge Nomonde Mngqibisa-Thusi awarded damages to the biological mother of one set of twins - only identified as Mrs M, as well as to three of the other twins. The fourth twin did not form part of the litigation, brought on behalf of the plaintiffs by the law firm O Joubert Attorneys.

The four plaintiffs’ claims follow a baby swap at the Heidelberg Hospital more than 20 years ago. Mrs M, a single mother, cared for what she thought were both her biological children, while another family, only identified as Mrs and Mr T, cared for what they believed were both their biological children.

One of each set of twins - which were separated at birth - were identical twins, but they grew up apart. The swap only came to light in 2018 after DNA testing was done, which concluded that each family had a child which was not their biological daughter.

This was discovered when one of the twins, who was still at school at the time, in 2016 saw another girl during a netball match with another school, which looked very similar to herself. Some of her teammates also became confused between the two.

The twin became suspicious and did some research on Facebook and later met the girl which turned out to be her identical twin. The DNA tests, which could only be done after the girls had turned 18, proved beyond a doubt that they were biological sisters.

Mrs M has since 2020 taken care of both the twins she raised, as well as her own, who grew up with the other family. It was said that the other family no longer wanted to take care of the twin which they thought was their own, when they discovered the truth.

It turned out that due to negligence on the part of hospital staff, Precious and Pretty were presented to Ms M as her daughters, and Mbali was presented to Mr and Mrs T as being their daughter.

Ms M and the three daughters now living with her are claiming damages for the trauma, pain, and suffering they had to endure since the discovery of the swap in 2018.

Ms M’s claim included maintenance for raising a child all these years which was not her own. She is also claiming general damages for her suffering and pain. A psychologist also suggested that she, as in the case with the three twins, received long-term counselling.

It was said that the effect of living in the false belief that the parents who had raised them were not their biological parents had a devastating effect on the twins. Although three of the twins now live happily with Ms M, the court said the reality had a devastating effect on them.

It was also difficult for the twin who is the biological daughter of Mr and Mrs T, but grew up with Ms M, when the T-family did not want to have anything to do with her and were not interested in getting to know her. This was in huge contrast to Ms M, who did everything possible to get to know her biological daughter.

The court meanwhile granted R1.7-million in damages to Ms M and amounts varying from R1.3million to R1.8million to the three daughters.

zelda.venter@inl.co.za