NHS Trust ‘deeply regrets’ failing severely disabled child

By Toby Porter

A boy who suffered brain damage as a result of delays in his delivery has been awarded £10million in compensation by the High Court.

The money is intended to fund his past and future care and rehabilitation needs, after Queen Elizabeth Hospital in Woolwich, where he was born, admitted failures in his care caused his catastrophic injuries.

The child, who is known only as DXP and who cannot be named for legal reasons, suffers from cerebral palsy that affects his development, his mobility and his ability to communicate.

The severity of his condition means he needs 24hour care and a specially adapted home.

His family instructed expert medical negligence lawyers at Simpson Millar after his birth on June 4 2012.  They believed he should have been delivered sooner via Caesarean section after medical staff identified an issue with the baby’s heart rate.

In a letter sent to the family’s lawyers, Lewisham and Greenwich Hospital NHS Trust said it “deeply regrets” the injuries sustained by DXP, and admitted if he been born sooner, it is likely he would not have suffered from cerebral palsy.

The letter went on to say that a failure to offer an induction of labour at 39 to 39 weeks had represented a “breach of duty in care”. This followed repeated visits to the hospital because the baby had stopped moving as much, and a diagnosis of gestational diabetes – and the failure to carry out a Caesarean on June 3, .

A subsequent investigation also highlighted communication between staff during the labour, plus tracking the baby’s CTG trace by both junior obstetricians and midwives. The trust admitted responsibility in 2014 but it has taken until now for a conclusion of the case.

Mr John De Bono QC, on behalf of the family,  told the court of the amazing love and devotion the mother has shown to her child and her hope that the compensation will change their lives for the better.

The barrister for the Hospital NHS Trust, Mr Alexander Hutton QC, reiterated the hospital’s apology for its failings in care which resulted in DXP being born with such profound disabilities.

The Judge, Mr Justice Martin Spencer QC, paid tribute to the family and the parties’ legal teams for their combined efforts in achieving a very satisfactory settlement and making the legal process as stress free as possible for the family.

He remarked that despite his severe disabilities, DXP loves the wind on his face and enjoys playing in water and listening to music.

The family’s lawyer, David Thomas from Simpson Millar’s national medical law team and an expert in birth injury cases, said the family were “extremely relieved” the legal case can now be put behind them.

They will now be able to get a professional care package, specialist therapies and aids and equipment. A substantial lump sum will be followed by annual payments for the rest of the child’s life.

David Thomas from Simpson Millar said: “No amount of money will ever compensate the family for what they have endured over the years as a result of an injury that could and should have been avoided, but it will provide some financial stability which will fund the child’s immediate, and longer-term care needs.

“The family are extremely relieved the case is now drawing to a close and are looking forward to moving on with their lives as best they can.

“DXP will never be in a position to live independently, but the care package he has been awarded by the High Court does mean he can live in a specially adapted home with dedicated carers, and with access to specialist equipment.

“The approach taken by the NHS Resolution’s legal team throughout the matter helped to establish a settlement as quickly as realistically possible.”

The family were awarded earlier money to pay for a home, care and rehabilitation during the progress of the case.