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£10m NHS payout for brain-damaged little boy

Maidstone Hospital
Maidstone Hospital

The mother of a little boy who suffered catastrophic injuries during a difficult birth has spoken of her relief after a £10 million NHS payout was approved at the High Court.

William James David Scotton, now four, was left with severe brain damage after complications arose because he was a large baby - 11lb 10oz - when he was born at Maidstone Hospital in August 2007.

As a result of the trauma he suffered during his birth, William will need round-the-clock care for the rest of his life as he is severely brain damaged, quadraplegic, blind and has epilepsy.

His mother Tracy Scotton, from Maidstone, brought a claim against Maidstone and Tunbridge Wells NHS Trust - which runs the hospital - alleging his injuries were caused by failures in care before and during his birth.

Speaking after a hearing at London's High Court, at which a settlement providing damages and funding for William's future care was approved, Mrs Scotton said: "I am relieved it is finally over."

Her case was that she should have been referred to an obstetrician for specialist care when it was realised William's estimated weight was 8lbs at a 34-week check.

It was also alleged there were further errors made during his delivery, resulting in Mrs Scotton having to undergo an emergency Caesarean section.

Admitting full liability for the events that led to William's injuries, the trust agreed to pay a lump sum of £2.6 million, followed by annual payments of between £89,000 and £212,500, to cover the enormous costs of his care for the rest of his life.

"unfortunately, nothing other than compensation can be provided now by the nhs…” – barrister neil block qc

The trust has also agreed to pay up to £600,000 fees for specialist education for William, in the event it cannot be provided by Kent County Council.

Speaking outside court, his solicitor Michael Turner said the settlement could result in the trust paying out around £10 million over William's lifetime.

He added: "Tracy is just the most incredible mother - she has devoted her life to William."

During the brief hearing, the trust's barrister, Neil Block QC, also paid tribute to William's family for the care they have given him.

He said: "I take this opportunity to apologise on behalf of the NHS for the mistakes that were made, which led to him sustaining such grievous injury.

"Unfortunately, nothing other than compensation can be provided now by the NHS. We hope that William's family now at least have one burden lifted from their shoulders, in that the financial security to provide for him in the future is now there.

"May I, on behalf of the NHS, say that the loving and devoted care William has received from his parents shines out and the court can have confidence this will continue into the future."

Approving the settlement, Mr Justice Tugendhat added: "I would like to add my own personal sympathy to William's parents and pay tribute to the care which the family has devoted to William. Send him my best wishes."

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