High Court Approves Seven-Figure Care And Rehabilitation Package For Girl Injured At Birth

Family Speak Of Relief That They Can Now Focus On Being Parents Rather Than Carers

06.12.2013

The devoted parents of a 10-year-old girl who suffered brain damage as a result of errors made by obstetric staff have spoken of their relief after lawyers secured their daughter a seven-figure lifetime care and rehabilitation package approved at the High Court today (6 December).

Lhana Bedoya has cerebral palsy and is completely dependent on others after medical staff failed to monitor her heart rate as she was being delivered at Watford General Infirmary in January 2003, causing her brain to become starved of oxygen.

Her parents Fabian and Ursula, who live in Garston, Watford, contacted medical law experts at Irwin Mitchell in a battle to gain the support and specialist rehabilitation services Lhana needs. She is severely disabled, fed by a tube, suffers epilepsy, has very limited vision and is intellectually impaired meaning she needs 24-hour care seven days a week.

Following an admission of responsibility and official apology from West Hertfordshire Hospitals NHS Trust in July last year, a judge at the High Court in London today approved a multi-million pound settlement to cover all of Lhana’s care, accommodation, specialist equipment  and rehabilitation she will need throughout her life.

The funds will be managed by Irwin Mitchell’s specialist Court of Protection team.

Jane Weakley, a medical law expert at Irwin Mitchell’s London office represents Lhana.

Expert Opinion
It is a huge relief for Lhana’s family that the Trust has now agreed an adequate and fair settlement to cover all of her complex care needs.

“Lhana requires 24-hour support, and while her family have shown tremendous dedication providing this, she needs specialist rehabilitation services to ensure she reaches her full potential.

“We secured an initial interim payment from the Trust to fund specialist equipment and therapies for Lhana at her home but the care package agreed today means Lhana is set for life and gives her parents the opportunity to enjoy being just that, rather than full-time carers.”
Jane Weakley, Associate

Fabian, Lhana’s dad, said: “Lhana had the worst start to life as a result of the hospital’s mistakes and it has put a huge amount of stress and pressure on us as a family.

“Despite all of this, Lhana makes us smile and laugh every day. She loves being tickled and goes to a specialist school where she thrives in the sensory room. She also loves being around her two younger sisters and older half brother.

“I am now looking forward to being a dad to Lhana and not just a carer as the settlement means we will have funds to appoint full-time specialists to help her with all of her care needs.

“It is a huge relief to have the legal battle over and know that whatever the future holds and no matter what happens to Ursula and I now that we are divorced, Lhana will always have access to the best possible services and support.”

Read more about Irwin Mitchell's expertise relating to cerebral palsy claims.