Lawyers representing an 11-year-old boy who suffered severe brain damage after complications arose during his hospital birth have won him an NHS compensation package valued at more than £7 million.
The boy was left facing a lifetime of grave disability – including learning difficulties, reduced mobility, feeding problems, spasms and a future risk of epilepsy – after his mother suffered a ruptured uterus during labour.
His brain was starved of oxygen, leading to a severe form of cerebral palsy.
On the boy’s behalf, his lawyers sued the NHS Trust responsible for the hospital, claiming that his delivery had been negligently mismanaged. The Trust issued a public apology, accepted that the care that the boy received was inadequate and agreed to a full and final settlement of his case.
The settlement took the form of a £2.75 million lump sum as well as tax-free and index linked annual payments to cover the costs of the boy’s care for as long as he lived. Those payments would start at £150,000 before rising to £220,000 on his 18th birthday. Some of the money would be used to buy a range of specialist equipment to improve the boy’s quality of life, including hoists and a ‘smart’ wheelchair.
The Trust’s barrister said, "We would like to take the opportunity to record our regret for the standard of care here falling short and to express our admiration of the family for the devotion and loving care that they have shown to their son over these difficult years." The judge said, "I am completely satisfied that this is an order that I can and should approve…It only remains for me to give my very best wishes to the family. I hope that they will now be able to move forward with caring for their son."