Delayed Caesarean Delivery Victim Receives Millions in Recompense

Damages awarded in the most serious clinical negligence cases can seem eye-wateringly high, but every penny is needed to cover the immense cost of a lifetime's care. That was certainly so in the case of a 13-year-old boy whose award settlement included a £12 million lump sum.

Difficulties arose during his mother's labour, but there was an hour-long delay in the performance of a caesarean delivery. He was born pale, floppy and unresponsive. His legal team argued that it was a very clear-cut case of negligence and the NHS trust that bore responsibility for his care swiftly admitted liability.

Suffering from severe cerebral palsy, he has significant learning difficulties although his epilepsy is currently well controlled. Interrupted sleep patterns arising from his underlying brain damage are expected to be permanent. He is disturbed by sudden, loud or low-frequency sounds and is sensitive to bright illumination to the extent that he needs to be kept out of direct sunlight.

Following negotiations, the NHS trust agreed to settle his claim for the lump sum, together with annual, index-linked payments to cover the costs of the professional care and support he will require throughout his life. Those payments will start at £340,000 a year and rise to £360,000 a year when he is 19.

The NHS trust, through its barrister, offered its wholehearted and sincere apologies for the lapses of care that led to the boy's injuries. Lessons had been learned from the incident and the case had prompted safety improvements in the obstetrics unit where he was born. The trust hoped that the settlement would make it easier for his family to negotiate the many hurdles that still lay ahead.

The High Court was happy to approve the settlement and praised the hard work of both sides in achieving a consensual outcome. The boy's parents had shown great fortitude, devotion and strength of character in caring for him and he was blessed to have their unswerving love.