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2.5m Payout For Boy Who Suffered Brain Damage During Post Operative Care

Teenager Has Access To Funds For Lifetime Of Care


The family of a teenager who suffered severe brain damage during post operative care for removal of a cancerous tumour have received a settlement to help secure access to the care and rehabilitation he will need for the rest of his life.

Oscar Bates from Leeds was just three years old when mistakes were made during his post operative care a cancerous tumour which he underwent chemotherapy and surgery for at St James’s University hospital in 2002.

But despite his surgeon’s request for him to be closely monitored - including his fluid input and output - staff failed to recognise that he’d stopped passing urine because they did not monitor him appropriately and Oscar’s system suffered a massive shock causing brain damage resulting in epilepsy, paralysis of on his left side and severe learning difficulties.

The Leeds Teaching Hospitals NHS Trust has since admitted a breach of duty in relation to a 60 minute delay in arranging a paediatric review.

The settlement approved by the High Court in Leeds last week (Thursday 23 March), includes a lump sum of £2.5 million plus annual payments to pay for his care and case management.

Rachelle Mahapatra, a medical law expert with Irwin Mitchell’s Leeds office who represented the family, said that Oscar’s parents had been totally devoted to caring from their son after the tragedy, and that the settlement would be used to fund a lifetime of care which Oscar will need.

She said: “Last year Oscar underwent an operation to cut the signals between the two sides of his brain, to stop his epilepsy. The surgery was successful and Oscar is now much brighter and less ill because he no longer has daily fits

“Even so, Oscar still suffers lifelong difficulties, he can’t feed or dress himself which means he will never be able to work or live independently.

“Although no amount of money will ever give Oscar the chance to live the normal life he should have had, the settlement will provide him with financial security for the rest of his life.

“His devoted family will also have the peace of mind that in the years ahead, no matter what happens to them, Oscar will always be well provided for.”