Wednesday, 25 June 2014

Boy, 7, awarded £8 million compensation package after care "deficiencies"

A seven-year-old boy stricken by catastrophic brain damage after his birth at Queen’s Medical Centre has won an £8 million compensation package - plus a public apology for the "deficiencies" in his care.

The boy, who cannot walk or speak, was left with profound lifelong cerebral palsy after medics mishandled desperate attempts to resuscitate him following his delivery at the hospital in November 2006, London's High Court heard.

Mr Justice Lewis, who approved a settlement designed to meet all the youngster's lifetime needs, said he had "suffered complications" following his birth, after which hospital staff "failed to provide adequate treatment for him".

"There were deficiencies in the way the hospital dealt with the need to resuscitate him", said the judge, who added that the hospital has "since taken steps to correct what went wrong so that other families won't be faced with the same difficulties".

The boy, from Nottingham, is able to smile and respond to his large family - whose devoted care was today praised by the judge.

But he also needs a team of carers to get him through the day and has acute learning difficulties, his lawyers disclosed after the short hearing.

The case reached the High Court as his parents sought the judge's approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.

The lad's mum was in court to hear the NHS Trust's barrister, William Wraight, publicly apologise for the post natal blunders.

"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," said Mr Wraight.

Mr Justice Lewis approved a settlement which takes the form of a £3.25 million lump sum, plus annual, index-linked and tax-free payments to cover the enormous costs of his care for life.

Those payments will start at £146,500-a-year, rising to £230,000 beyond the age of 19. Lawyers estimate the total settlement will be worth between £8 million and £9 million over the boy's lifetime.

Mr Justice Lewis said he was satisfied the settlement was "just and appropriate", also commending the boy's parents and family, saying: "He is really lucky to have a family like this. I wish them all well."

Nottingham University Hospitals NHS Trust has apologised to the family.

Chief executive Peter Homa, said: “We reiterate our sincere and unreserved apologies to the family.

“Whilst no amount of money can compensate for nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future.”

This article is courtesy of the Nottingham Post.

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