Settlement of Compensation for a Birth Brain Damage Injury Approved by Court

A multi-million pound settlement of compensation for a birth brain damage injury has been approved by the High Court in favour of a seven-year-old girl.

The unnamed seven-year-old girl was born at Solihull Hospital in December 2008 after medical professionals failed to notice signs of foetal distress due to the girl being starved of oxygen in her mother´s womb.

As a result of the medical negligence, the little girl is visually impaired, cannot speak and suffers from epilepsy. She attends a special school for children with disabilities, where she has learned to communicate using sounding techniques and switches.

On their daughter´s behalf, the girl´s parents claimed compensation for a birth brain damage injury against the Heart of England NHS Foundation Trust. The NHS Trust quickly acknowledged liability for the medical negligence responsible for girl´s injury and negotiations started to discuss a settlement.

At the High Court in London, Mr Justice Spencer heard that, despite her severe disabilities, the girl was a “delightful child”, who enjoyed going to the beach and who had won several awards for swimming. The judge praised the girl´s parents for the care and devotion they had given her.

Following the reading of an apology from the NHS Trust, Mr Justice Spencer was told the details of the settlement of compensation for a birth brain damage injury. The NHS Trust´s barrister said “the trust hoped the payout would provide financial stability and alleviate the many challenges this family has yet to face”.

The settlement consists of a £2.23 million lump sum and annual tax-free, index-linked payments of £178,000 per year – rising to £280,000 on the girl´s nineteenth birthday. The judge approved the settlement of compensation for a birth brain damage injury, commenting “she is a loving, and much loved, little girl and her parents must be very proud of her indeed” and wishing the family the very best for the future.