Child awarded £11.5m in compensation

Posted: December 10, 2015

Posted in: Birth Injury Head and Brain Injuries Medical Negligence 

Royal Sussex County Hospital have awarded a five-year-old child a near record £11.5 million after admitting that had he been born 11 minutes earlier, he would have not sustained any harm.  His umbilical cord had prolapsed during the birth process resulting in a lack of oxygen to his brain, which, had it been noticed by midwives, could have been avoided.  The negligence has left the boy suffering from cerebral palsy which affects both his arms and legs.

The High Court in London heard yesterday that interim payments have allowed the parents to cope with the situation in the meantime, including accommodation, carers, specialist equipment, wheelchair adapted transport and specialist rehabilitation.  The compensation will also cover loss of earnings and future education costs. The hospital will make payments for the rest of the five-year-old’s life.

Midwives did not notice or respond to the injury

Blame was admitted by Brighton and Sussex University Hospitals NHS Trust, acknowledging that midwives did not notice or respond to the injury when the baby was born.  The £11.5 million compensation payout will fund the child’s future education and care needs for the rest of his life.

Hearing the case, Judge Brian Forster learned that the child had a considerable degree of preserved intellect and that he was doing very well at school.  It was made clear that the child needs a good education to fulfil his potential for his future.

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 medical neglect.

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

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