Irwin Mitchell Secures Multi-Million Pound Settlement For Disabled Boy
Clinical Negligence Experts
02/04/2008
The mother of a five-year-old boy left severely disabled following a birth trauma says a multi-million pound settlement to provide for his future care is a 'weight off her shoulders.'
Bailey Brown was left wheelchair bound with cerebral palsy after he was starved of oxygen during his birth, in February 2003. His mum Amy Millar was just 15 at the time and was initially admitted to her local maternity unit, Hillcrest in Alnwick.
Clinical negligence experts at law firm Irwin Mitchell claim the small rural maternity unit was unsuitable for delivering Bailey. Instead, mother Amy should have been advised to attend Ashington Hospital considering her young age, Bailey's unusually-large size and difficult position in the womb.
Though Ms Millar was eventually transferred to Ashington Hospital where Bailey was born, Irwin Mitchell believes the delay of more than six hours proved to be critical.
Irwin Mitchell partner Angela Curran mounted a claim against the Northumbria Healthcare NHS Foundation Trust, believing that had Ms Millar been told to go to Ashington Hospital in the first place, Bailey would have been born much sooner.
The Northumbria Healthcare NHS Foundation Trust has not admitted liability for what happened, contending that the correct information was given to Ms Millar and that the transfer to Ashington was carried out in a timely manner.
However, the Trust agreed to a settlement of £2m, which was finalised at an approval hearing in Newcastle today, April 2nd. As in most cases of this type, the money will be handled by the Court of Protection to ensure it is spent in Bailey's best interests and handled by the Court of Protection team at Irwin Mitchell Solicitors.
Irwin Mitchell partner Angela Curran, representing the family, said: "There is no doubt in our minds that his long-term health was catastrophically affected as a result of the lack of advice given and the critical delay in transferring Amy Millar to a better-equipped facility.
"We are delighted with the size of the compromise settlement despite there being no admission of liability – it will ensure he has the correct care, support and equipment as he grows and his needs change.
"Any parent will testify to the cost of raising a child, but bringing up a disabled child is many, many times more expensive."
Mum Amy, now 21, said the settlement meant Bailey would have the correct care and support for the rest of his life. She thanked her family – and that of Bailey's dad, Gareth Brown – for supporting them in Bailey’s first five years.
"Bailey has bad epilepsy and his cerebral palsy means he cannot get around on his own. He can feed himself, but needs help from someone for almost everything else." she added.
"Luckily the whole family has pulled round to help - we have really stuck together and the experience has made everybody stronger. If we didn't have all this support I don't know what we'd have done.
"Now we have funding in place for when Bailey gets older. He is already a big five-year-old, and will continue to grow. As he gets older, he will need greater levels of support. This settlement will make his life better and easier.
"It is a real weight off our shoulders to know that we don’t need to worry about where the money is coming from to pay for everything Bailey needs. Now I can concentrate on being his mum instead of his full-time carer."
Amy said she felt let down by the medical staff looking after her during and after her labour: “I was 15 when I had him and, particularly at that age, you just put your trust completely in those that are looking after you. But mistakes were made and Bailey was damaged. He stayed in hospital for another ten months after he was born but I was still at school and it was a lot to take on."