Family One Step Closer To Lifetime Care Package For Brain Damaged Boy

Devoted Family Speak Of Relief As Legal Battle Moves Forward

09.10.2013

By Helen MacGregor

The devoted parents of a nine-year-old boy who suffered devastating brain damage because of mistakes made during his birth, have spoken of their relief after a High Court Judge approved an agreement with the NHS – paving the way for a lifetime care and rehabilitation package to be agreed.

Logan Sims has Cerebral Palsy affecting all four limbs that leaves him unable to walk, communicate and needing 24-hour care, because midwives at Walsall Manor Hospital delayed in notifying a doctor when his heart rate began dropping during his birth in May 2004.

This led to a delay in Logan’s delivery by emergency C-section, by which time his brain had been starved of oxygen causing catastrophic, permanent damage.

His parents Stella and David, from Willenhall in Walsall, who provide Logan with round the clock care, instructed medical law experts at Irwin Mitchell to investigate whether more could have been done to prevent their son’s brain injuries and to help him gain access to the lifetime care package he desperately needs.

Expert evidence compiled by Irwin Mitchell found that a doctor should have been called to attend Stella urgently when midwives noticed abnormal results on Logan’s heart monitor, and had she received earlier medical attention, Logan would have been delivered by emergency caesarean earlier, avoiding part or all of the brain damage he suffered.

Mrs Justice Swift at the Royal Courts of Justice in London yesterday (7th October) approved an agreement that Walsall Hospital NHS Trust would compensate Logan for his injuries.

Partner and Head of the medical law and patient’s rights team at Irwin Mitchell representing the family:

Expert Opinion
Logan is profoundly disabled but the devotion and care his parents have provided to him is nothing short of incredible.

“Our investigations found midwives delayed notifying a doctor about the difficulties Logan was suffering which meant by the time he was delivered, it was too late and the damage had been caused.

“We hope the Trust will now work with us quickly to agree a fair settlement for Logan that will provide him with the lifetime of care, rehabilitation, equipment and housing that he needs.”
Lisa Jordan, Partner

Stella, 41, who has three other teenage sons and a ten-year old, said: “Logan is a bright, funny and caring boy, but he understandably gets very frustrated at not being able to keep up with his brothers who all dote on him.

“Despite the challenges he faces, he makes us smile every day with his love for life and cheeky personality. “David and I try to provide him with as much care and support as possible but the fact is that the bigger he gets, the more difficult this is becoming and it is not sustainable for the rest of our lives.

“The court approval is the first significant step towards Logan gaining access to the funds for the lifetime of care that he needs to live as independent a life as possible and we’re very relieved things are now moving forwards.”

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