Funds Will Pay For Specialist Care And Therapies Child Now Needs For Rest Of His Life

A boy, who suffered a serious brain injury causing cerebral palsy following errors during his birth, has received a multi-million pound settlement which will provide him with the specialist care he needs for the rest of his life.

The boy was injured following delays by midwifery staff in transferring his mum to London’s King’s College Hospital when she was in labour at home in 2012.

He was starved of oxygen which has left him with cerebral palsy. The boy, who cannot be named for legal reasons, also suffers from epilepsy, limited mobility and cannot speak.

The boy’s family instructed specialist medical negligence lawyers at Irwin Mitchell to investigate.

King’s College Hospital NHS Foundation Trust admitted liability for the errors and agreed a £5.5 million settlement for the child as well as additional annual payments to pay for care. The funds will pay for specialist care the boy needs now and in the future, as well as adaptations to his home, private therapies and purchase of equipment, with the aim of providing him with as much independence as possible.
 
The settlement has been approved today in the High Court.

Expert Opinion

“While we are pleased with the outcome of today’s hearing, no amount of money can ever make up for the severe and lifelong injuries my client has suffered.

"The family would rather not be in this situation at all but the settlement will now fund our client’s care for the rest of his life”

"We call on the Hospital Trust to ensure it learns lessons from the mistakes that were made in this case in order to improve patient safety in the future.” Anita Jewitt - Partner

Find out more about Irwin Mitchell's expertise in handling birth injury cases 

The boy’s mum had been under the care of King’s College Hospital NHS Foundation Trust during her pregnancy which had been classified as ‘low-risk.’

It was planned that she would deliver her son at home under the supervision of midwives. The mum spent the majority of the day in labour at home under the care of midwives. There were concerns about the baby’s heart rate, however there was a delay in transferring mum to hospital.  The baby was delivered 50 minutes after arrival at hospital.

The Trust admitted that if the baby had been delivered sooner, his injuries would have been avoided.

The boy’s mum said: “He is a happy and sociable boy, with a smile that can light up the room.  He loves people and is very interested in the world around him. 

“While the last few years have been extremely hard for us all as a family, we try to lead as normal a life as possible and do the things any family would enjoy.

“While nothing can make up for what has happened, our family is relieved that our son is now guaranteed to receive the lifetime of care he so desperately needs. It gives us the peace of mind that he will receive the help he needs to live with his disabilities.

“We just hope that no other family has to go through the suffering we have been through.”