Be realistic about artificial limb: State
8 June 2009, 11:51
By Karen Breytenbach
A man whose leg had to be amputated, after he was shot by police at Pearly Beach on suspicion of poaching, is fighting in the Western Cape High Court for the state to provide him with a high-tech prosthetic limb.
Sivuyile Sobahle, 32, from Pearly Beach, is suing Sergeant William Pietersen and the Minister of Police for R11 million in damages for "wrongful, unlawful and intentional assault" in November 2004.
Pietersen fired a shotgun into Sobahle's left leg, splintering the femur and badly damaging the blood vessels. It had to be amputated at the knee.
Sobahle is claiming about R9.4m for future medical expenses as he will require aggressive treatment for a chronic bone infection before a prosthetic leg can be fitted.
Piet Olivier, an orthopaedic surgeon, testified that he expected Sobahle to need a hip replacement in his lifetime as through-knee amputees have lower than normal bone density because the affected bones are not subjected to the force of gravity.
Having less balance also makes amputees prone to falling. Sobahle is also expected to need a wheelchair because walking on the limb is tiring. Studies have shown through- and above-knee amputees need between 50 and 60 percent more oxygen than other people.
Sobahle's legal team, Hansie Botha, SC, assisted by Mark Preston and attorney Nicola Haupt from Kruger and Co, negotiated with the State attorney and advocate Jerome van der Schyff last week to try and settle the matter.
The State conceded on the merits, but disputed the quantum of damages claimed, especially related to the advanced electronic limb Sobahle's orthotist recommended.
The State's expert and Sobahle's orthotist Jan Brand initially agreed that he should be fitted with a limb with a hydraulic knee that would allow him to walk fairly easily, which costs about R50 000.
Brand later changed his recommendation, saying it would be best for Sobahle to be fitted with a more advanced limb with an intelligent electronic knee which would allow him to climb stairs and handle inclining surfaces.
This design has only been imported from Germany since the beginning of the year and costs more than R300 000. Fewer than 10 people in South Africa currently use such a prosthetic.
Brand defended his choice of limb on Thursday.
In cross-examination Van der Schyff asked Brand to be realistic about socio-economic considerations, as Sobahle had a house without steps and Pearly Beach was fairly flat with no big shopping centres.
Brand insisted he did not want Sobahle to be restricted in life and that he should be able to explore other places.
Told champion swimmer Natalie du Toit used the hydraulic knee, Brand said she used it in specific situations, but also had a more advanced "c-leg" for daily living away from the water.
Brand said the limb he chose would allow Sobahle to adapt to life as it happened. "He is a simple man and his legs are his main mode of transport, apart from public transport, so he needs the best."
Van der Schyff took Brand to task for only knowing the pros, and not the cons, of the electronic limb.
Brand said he planned to test the advanced limb in the coming week.
Sobahle is expected to testify today.
karen.breytenbach@inl.co.za
A man whose leg had to be amputated, after he was shot by police at Pearly Beach on suspicion of poaching, is fighting in the Western Cape High Court for the state to provide him with a high-tech prosthetic limb.
Sivuyile Sobahle, 32, from Pearly Beach, is suing Sergeant William Pietersen and the Minister of Police for R11 million in damages for "wrongful, unlawful and intentional assault" in November 2004.
Pietersen fired a shotgun into Sobahle's left leg, splintering the femur and badly damaging the blood vessels. It had to be amputated at the knee.
Sobahle is claiming about R9.4m for future medical expenses as he will require aggressive treatment for a chronic bone infection before a prosthetic leg can be fitted.
Piet Olivier, an orthopaedic surgeon, testified that he expected Sobahle to need a hip replacement in his lifetime as through-knee amputees have lower than normal bone density because the affected bones are not subjected to the force of gravity.
Having less balance also makes amputees prone to falling. Sobahle is also expected to need a wheelchair because walking on the limb is tiring. Studies have shown through- and above-knee amputees need between 50 and 60 percent more oxygen than other people.
Sobahle's legal team, Hansie Botha, SC, assisted by Mark Preston and attorney Nicola Haupt from Kruger and Co, negotiated with the State attorney and advocate Jerome van der Schyff last week to try and settle the matter.
The State conceded on the merits, but disputed the quantum of damages claimed, especially related to the advanced electronic limb Sobahle's orthotist recommended.
The State's expert and Sobahle's orthotist Jan Brand initially agreed that he should be fitted with a limb with a hydraulic knee that would allow him to walk fairly easily, which costs about R50 000.
Brand later changed his recommendation, saying it would be best for Sobahle to be fitted with a more advanced limb with an intelligent electronic knee which would allow him to climb stairs and handle inclining surfaces.
This design has only been imported from Germany since the beginning of the year and costs more than R300 000. Fewer than 10 people in South Africa currently use such a prosthetic.
Brand defended his choice of limb on Thursday.
In cross-examination Van der Schyff asked Brand to be realistic about socio-economic considerations, as Sobahle had a house without steps and Pearly Beach was fairly flat with no big shopping centres.
Brand insisted he did not want Sobahle to be restricted in life and that he should be able to explore other places.
Told champion swimmer Natalie du Toit used the hydraulic knee, Brand said she used it in specific situations, but also had a more advanced "c-leg" for daily living away from the water.
Brand said the limb he chose would allow Sobahle to adapt to life as it happened. "He is a simple man and his legs are his main mode of transport, apart from public transport, so he needs the best."
Van der Schyff took Brand to task for only knowing the pros, and not the cons, of the electronic limb.
Brand said he planned to test the advanced limb in the coming week.
Sobahle is expected to testify today.
karen.breytenbach@inl.co.za
- This article was originally published on page 4 of The Cape Times on June 08, 2009
Johannesburg
