A High Court judge has approved a £7.1 million settlement of compensation for cerebral palsy due to a delayed delivery in favour of a twelve year old boy.
The boy, who was only identified as “ABC” at the High Court hearing, was born at the Kettering General Hospital in 2003 after his delivery was avoidably delayed after foetal distress has been identified. As a result of the avoidable delay, the boy was starved of oxygen in the womb and he now suffers with acute cerebral palsy.
The boy has restricted mobility, needs feeding by tube and – due to lifelong learning disabilities – will never be able to work or lead an independent life. On their son´s behalf, the boy´s parents claimed compensation for cerebral palsy due to a delayed delivery against the Kettering General Hospital NHS Foundation Trust.
Partial liability for the boy´s injuries was conceded by the NHS Trust, and solicitors representing the two parties negotiated a settlement of compensation for cerebral palsy due to a delayed delivery which consists of a lump sum payment and annual index-linked, tax-free payments. In today´s value, the settlement of the claim is worth £7,129,812.
As the claim for compensation for cerebral palsy due to a delayed delivery was made on behalf of a legal minor, the settlement had to be approved by a judge to ensure that it was in the boy´s best interests. Due to the potential value of the settlement, the approval hearing was held at the High Court in London before Mrs Justice Davis.
At the hearing, Mrs Justice Davis was told that the settlement of compensation for cerebral palsy due to a delayed delivery had been calculated on the NHS Trust accepting 90% liability for the boy´s injuries. The court also heard an apology read to the family by the barrister representing Kettering General Hospital NHS Foundation Trust.
Mrs Justice Davis then address the boy´s parents and said that she wanted to express her admiration for the strength they have shown in dealing with their son´s disabilities. She added that she was lost in admiration for the work they had done. The judge then added that she had “no hesitation” in approving the settlement of compensation for cerebral palsy due to a delayed delivery.