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Boy Starved Of Oxygen At Birth Awarded Settlement From NHS Trust To Fund a Lifetime Of Care

A Consultant At Royal Surrey County Hospital Delayed Sending Child’s Mother For An Earlier C-section Despite His Mother’s Concerns That The Baby Wasn’t Moving


Dave Grimshaw, Press Officer | 0114 274 4397

A boy, who suffered brain damage during his birth will receive a settlement of around £9.45m after the High Court yesterday (April 25) approved a settlement which will provide him with the care and rehabilitation he needs for the rest of his life.

The boy, who cannot be named for legal reasons, has cerebral palsy, reduced mobility, suffers hearing and visual problems and has a sensory processing disorder

The family instructed expert medical negligence lawyers at Irwin Mitchell to investigate a claim which led to the Royal Surrey County Hospital NHS Foundation Trust admitting liability for his injuries.

Now after an approval hearing today in the High Court, the boy will now receive a six-figure annual payment to cover the cost of his on-going care for the rest of his life.

The boy’s mother said “He is a wonderfully cheeky and smiley little boy who never lets his disabilities define him, and of that we are immensely proud”. 

 “The past few years have been really tough.  I still feel angry and feel extremely let down by the failings that were made when my son was born.  I want lessons to be learnt from what has happened. 


"After I complained, I didn’t feel as though the hospital took my complaints seriously in their own internal investigation, and this led me to instructing lawyers so I could obtain the answers I desperately needed, to provide financial security for my son, but also to help me move on from what was a very traumatic experience”.

“While nothing can make up for the failures that led to his injuries, we’re relieved that he is now guaranteed to receive the lifetime of care he so desperately needs”.

The boy’s brain was starved of oxygen after a consultant at the Royal Surrey County Hospital delayed sending his mother for a Caesarean section, despite her telling doctors that she could not feel her baby moving and the reading from a heart monitor trace showing abnormalities. 

It was admitted during the legal claim that the baby should have been delivered by 1.10pm, when in fact he was not delivered until 3.19pm.  If he had been delivered by 1.10pm, it was admitted that he would have escaped permanent injury.

In a letter to the family, the NHS Trust said: “The Trust wishes to apologise to [him] and his parents for the errors which were made and for the very severe disability which this [the delay] has caused.”


Expert Opinion
“My client suffered severe brain damage after hospital staff delaying sending his mother for a caesarean section, despite a monitor highlighting his abnormal heart rate which was indicating that he was suffering from distress. No amount of money can reverse the severe and lifelong injuries my client has suffered.
"The settlement package will, however, fund my client’s care and therapy needs for the rest of his life, to enable him to live as independently as he possibly can.
"I hope that lessons are learnt from the mistakes that were made in this case in order to improve patient safety in the future.”
Anita Jewitt, Partner

If you or a loved one has suffered as a result of birth injury, we may be able to help you claim compensation. See our Medical Negligence Guide for more information.

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