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A boy who suffered brain damage as a result of delays in his delivery been awarded £10million in compensation by the High Court.
The child from Kent, who is known only as DXP and cannot be named for legal reasons, suffers from cerebral palsy that affects his development, mobility and ability to communicate, which means he requires 24-hour care and specially adapted accommodation.
The compensation was awarded to fund his past and future care and rehabilitation, after the hospital where he was born admitted failures in his care caused his catastrophic injuries.
Following his birth on June 4, 2012, his family, later instructed medical negligence lawyers at Simpson Millar to investigate the care he received at the Queen Elizabeth Hospital in Woolwich, London.
The investigation looked at concerns he should have been delivered sooner via Caesarean section after medical staff identified an issue with the baby’s heartrate, which resulted in a hypoxic ischaemic injury.
In a letter sent to the family’s lawyers, Lewisham and Greenwich Hospital NHS Trust said it ‘deeply regrets’ the injuries sustained by DXP, and admitted it was likely he would not have suffered from cerebral palsy had he been born sooner.
The letter went on to say that a failure to offer an induction of labour and the failure to carry out a Caesarean had represented a ‘breach of duty in care’.
'No amount of money will ever compensate the family...'
A subsequent investigation also raised concerns over communication between staff during the labour, as well as over the interpretation of the baby’s CTG trace.
Mr John De Bono QC, appearing on behalf of the family, told the court of the amazing love and devotion of the child's mother and explained her hope that the compensation will change their lives for the better.
The barrister for the Hospital NHS Trust, Mr Alexander Hutton QC, reiterated the hospitals apology for its failings in care which resulted in DXP being born with such profound disabilities.
The Judge, Mr Justice Martin Spencer QC, paid tribute to the family and the parties’ legal teams for their combined efforts in achieving a very satisfactory settlement and making the legal process as stress free as possible for the family. He remarked that despite his severe disabilities, DXP loves the wind on his face and enjoys playing in water and listening to music.
“The family are extremely relieved that the case is now drawing to a close...'
The family’s lawyer, David Thomas from Simpson Millar’s national medical law team and an expert in birth injury cases, said the family were ‘extremely relieved’ the legal case can now be put behind them and they can focus on their child’s needs.
He said that the compensation is to be paid initially as a substantial lump sum and then in annual periodical payments for the rest of the child’s life.
David Thomas from Simpson Millar said: “No amount of money will ever compensate the family for what they have endured over the years as a result of an injury that could and should have been avoided, but it will provide some financial stability which will fund the child’s immediate, and longer-term care needs.
“The family are extremely relieved that the case is now drawing to a close and are looking forward to moving on with their lives as best they can.
“Whilst DXP will never be in a position to live independently, the care package he has been awarded by the High Court does mean he can live in a specially adapted home with dedicated carers, and with access to specialist equipment.”
