THE Ayer Keroh High Court has awarded RM12.19 million in damages to an eight-year-old girl following a lawsuit brought against a government hospital and its medical staff.
Hanan Qaireen Mohd Sukri, through her father and litigation representative, Mohd Sukri Mahat, 46, imitated the lawsuit after suffering catastrophic brain damage during her delivery on 18 February 2018. The injuries led to a diagnosis of spastic quadriplegic cerebral palsy, leaving her permanently disabled due to the defendants' negligence.
Judicial Commissioner Datuk Isa Aziz Ibrahim awarded the young plaintiff RM10.77 million in general future damages to cover the lifetime costs and expenses required for her care. The judge noted that the girl will remain incapable of independent living and will require ongoing medical treatment, continuous rehabilitation, and multidisciplinary support.
The court arrived at the final future damages figure after rejecting a claim of RM220,000 for stem cell therapy, ruling that the treatment remained experimental and unproven in its efficacy.
In addition to future care costs, the court awarded RM500,000 in general damages, RM441,754.83 in special damages, RM300,000 in aggravated damages, RM157,792.22 in pre-trial damages, and RM176,718.75 in legal costs and expenses. Interest of five per cent was also applied to the judgment sum.
In delivering his judgment, Judicial Commissioner Isa urged the family to manage the financial award prudently for the sole benefit and welfare of the child.
"Although this amount appears substantial, it is intended to cover a period of 55 years. When calculated monthly, the compensation equates to roughly RM20,000, which I consider adequate rather than a luxury," he said.
"What has happened has happened; as Muslims, we accept this as divine decree. It is hoped that this sum will not be squandered and will be used strictly as intended," he added.
The lawsuit, originally filed on 30 October 2023, named 11 defendants, including nine doctors, the hospital director, and the Government of Malaysia. The child's mother, Noraisah Ali, 42, initially acted as the second plaintiff.
However, claims against the first 10 defendants were withdrawn, and the mother was removed as a co-plaintiff, after the Government of Malaysia—the 11th defendant—admitted full liability on the final day of the trial on 16 June.
A six-day hearing to assess damages commenced on 29 September last year, featuring testimony from four witnesses, including two medical experts called by the plaintiff. The defence called no witnesses.
Case details revealed that Hanan Qaireen was born with critically low APGAR scores of 1, 3, and 4 at the first, fifth, and tenth minutes respectively. Unable to breathe independently, she required intubation within four minutes of birth before being admitted to the Neonatal Intensive Care Unit.
An electroencephalogram (EEG) test conducted on her birth date revealed moderate to severe neonatal encephalopathy. Subsequent magnetic resonance imaging (MRI) scans and medical evaluations between 2018 and 2023 confirmed profound structural damage to key areas of her brain, causing spastic quadriplegic cerebral palsy and rendering all four limbs paralysed.
The plaintiff was represented by counsel Nur Maizatul Syakira Hashim and Mohamed Fadly Zakariya, while Senior Federal Counsel Norafiah Saini appeared for the Government of Malaysia. - October 3, 2026
