£3million pay-out for child after 'mistakes' made during birth at West Suffolk Hospital
PUBLISHED: 11:05 06 November 2018 | UPDATED: 12:26 06 November 2018
A boy who suffered a catastrophic brain injury after "mistakes" by medics during his birth at a Bury St Edmunds hospital will receive millions in NHS damages.
The eight-year-old was born at West Suffolk Hospital in 2009, Judge Marc Dight told London’s High Court.
He “suffered debilitating injuries and difficulties, which will be with him for the rest of his life”.
During his mother’s labour, his brain was starved of oxygen and he suffered a circulation failure prior to delivery.
The boy’s lawyers sued West Suffolk Hospital NHS Trust for compensation, claiming the treatment he received was negligent.
Closer monitoring and earlier intervention would have avoided permanent damage or at least reduced it, they argued.
The NHS Trust admitted liability for what happened to the boy – and has now agreed to pay him a lump-sum of £3million.
He will also receive index-linked and tax-free annual payments to cover the costs of his care for life.
These will start at £245,000 a year, until he turns 19, and then rising to £300,000 a year for as long as he lives.
NHS barrister, Sarah Vaughan-Jones QC, issued the “unreserved apology of the trust for the mistakes made and the impact that has had and will continue to have”.
The boy’s barrister, Robert Glancy QC, said his parents “have had a very tough time of it since he was born” and had given their “very best” for their son.
“They can now live in the comfort of knowing their son is going to be supported for the rest of his days,” added the QC.
Judge Dight said: “The settlement which has been proposed is in the boy’s best interests and I am happy to approve it.”
He praised the boy’s “plainly model parents”, who are “bringing up this little boy with love and care, devotion and dedication” and are “to be commended”.
A West Suffolk NHS Foundation Trust spokesman said: “We give our unreserved apologies to the patient and their family for the mistakes made whilst in our care, which we deeply regret. We do not underestimate the impact this has had, and will continue to have, on them as a family.
“While we know it cannot fix what has happened, we are glad that the high court has approved the settlement of this claim, which we hope will ensure the family have sufficient funds to support the individual’s ongoing needs for the future.”