A claim for a child´s catastrophic brain injury due to care deficiencies at his birth has been resolved after a High Court judge approved a negotiated compensation settlement.
The unnamed seven-year-old boy was born at Queen´s Medical Centre in Nottingham in November 2006 after suffering complications during his delivery. Due to mismanaged attempts to resuscitate him, the boy suffered severe brain damage which has left him unable to walk or talk. He has acute learning difficulties and requires 24 hour care.
His parents made a claim for a child´s catastrophic brain injury against Nottingham University Hospitals NHS Trust – the Trust which manages the Queen´s Medical Centre – alleging that their son´s brain damage was attributable to post-natal care deficiencies. The NHS Trust admitted liability for his injuries, and a compensation package was negotiated.
At the High Court in London, Mr Justice Lewis was told of the circumstances which led to the claim for a child´s catastrophic brain injury, and the settlement which was agreed – which comprises of a £3.25 million lump sum and annual index-linked payments starting at £146,500 and rising to £230,000 when the boy reaches the age of 19.
Mr Justice Lewis described the settlement as “just and appropriate” and commended the boy´s parents and relatives for the support they had given him so far. An apology to the family from the Nottingham University Hospitals NHS Trust was read out in court, in which the Trust´s barrister acknowledged that there had been deficiencies in the provision of resuscitation on the day of the boy´s birth, but those problems had been identified and corrected.
The Chief Executive of the Nottingham University Hospitals NHS Trust Peter Homa added, “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.” Mr Justice Lewis then approved the settlement and closed the claim for a child´s catastrophic brain injury.