Boy left profoundly disabled after birth problems wins £6 million compensation from hospital trust

Boston Pilgrim Hospital. ENGEMN00120130924102319

Boston Pilgrim Hospital. ENGEMN00120130924102319

An eight-year-old boy left profoundly disabled after blunders by staff at a Lincolnshire hospital has won a £6 million compensation payout from the NHS.

The child - who can be referred to only as BSN for legal reasons - suffers from cerebral palsy, London’s High Court heard.

I am asked by the trust specifically to repeat to this boy their apology for the failures in care that should not have happened and have had a devastating effect on him and the family

Sarah Vaughan Jones QC, for United Lincolnshire Hospitals Trust

He was starved of oxygen during his birth at Pilgrim Hospital, in Boston.

Through his mother, the boy sued the United Lincolnshire Hospitals NHS Trust, who admitted liability for his birth injuries.

And today senior judge, Mr Justice Warby, approved a settlement of the claim, valued at around £6m in total.

On top of a £2.45m lump sum, the boy will receive index-linked and tax-free annual payments for life.

They will start at £113,200-a-year, before rising to £147,775, and finally to £170,150, as he grows older and his care needs increase.

Timothy Ryder QC, for the family, told the court liability for BSN’s injuries had been admitted by the trust at an early stage.

The amount of compensation due to the boy remained hotly disputed, however, until a settlement was recently agreed.

Sarah Vaughan Jones QC, for the trust, told the court: “I am asked by the trust specifically to repeat to this boy their apology for the failures in care that should not have happened and have had a devastating effect on him and the family.

“I would also like to express our deepest admiration for the dedication and care the family have shown him, and will no doubt continue to show him, and which will stand him in great stead for the rest of his life.”

Mr Justice Warby asked the boy’s family to stay behind in court after the hearing, so that he could speak with them privately to give some further words of praise and encouragement.

Approving the settlement in open court, he said: “Sadly this boy suffered a hypoxic brain injury and he has gone on to develop cerebral palsy.

“He is and will remain grossly disabled. His life expectation is significantly reduced.

“He is unable to function independently and will be unable to work or manage his own affairs. The trust has admitted its staff were negligent.

“I would like to echo the words spoken by counsel for the trust and express my admiration for the dedication that has been shown in looking after this injured child by the family, and my expectation that the care and dedication will continue in the future.

“I am satisfied that this is an appropriate settlement. I hope it will allow the family to leave at least some of their difficulties behind them and to look at the future with a degree of optimism.”