NHS birthing error sees £11m payout to cerebral palsy sufferer

Posted: December 30, 2015

Posted in: Birth Injury Head and Brain Injuries Medical Negligence 

An NHS trust has paid out £11.5 million in compensation to a boy that now suffers with cerebral palsy as a result of birthing complications. Now 5-years-old, the boy was delivered at the Royal Sussex County Hospital, where hospital staff admitted that had he been born 11 minutes earlier, he would not have suffered any harm. It was heard that his umbilical cord prolapsed during birth, which resulted in a lack of oxygen to his brain. Had this been recognised by midwives earlier, there would have been no lasting damage to his health.

It was heard in London’s High Court that the boy’s family have been receiving interim payments since his birth, to help pay for equipment, care, transport and rehabilitation. The £11.5m compensation package, however, will cover all loss of earnings and future education costs. The hospital will make payments throughout the rest of the boy’s life.

NHS trust admitted failings

Brighton and Sussex University Hospitals NHS Trust admitted failings that led to the boy’s condition. They acknowledged the fact that the midwives failed to notice or react to the injury during the birthing process. He now suffers with cerebral palsy that affects both of his arms and legs.

Judge Brian Forster heard that the boy still has a considerable degree of preserved intellect and will need a good education to fulfill his future potential. The compensation package will ensure that he has access to the best education and rehabilitation.

QC for Brighton and Sussex University Hospital NHS Trust, Martin Forde, proffered its apology for the tragedy and recognised that money could not compensate the outcome of the neglect.

If you have been affected by medical negligence, and are looking to claim compensation, please contact us.

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