Birmingham & Black Country

Disabled boy set for £18m NHS compensation

Birmingham Women's Hospital - generic image Image copyright Google
Image caption The boy suffered a rare form of brain damage after being born at Birmingham Women's Hospital

A boy left severely disabled after midwives failed to spot he had jaundice at birth is set to receive £18m in NHS compensation over his lifetime.

The nine-year-old, who cannot be identified, suffered a rare form of brain damage called kernicterus after being born at Birmingham Women's Hospital in 2009.

The trust admitted liability for the delay in treating him after his birth.

David Evans QC, for the trust, wished him and his family well for the future.

The boy has cerebral palsy and impaired hearing and will need care and help with his day-to-day activities for the rest of his life.

Birmingham Women's and Children's NHS Foundation Trust, which runs the hospital, agreed to settle the case with a £6.5m lump sum to provide for his past care and accommodation needs.

He will also receive annual, index-linked, payments of £115,000 to cover costs of future care.

Those payments will increase to £142,000 after his 18th birthday and continue for as long as he lives.

Dominic Nolan QC, representing him, told London's High Court there was likely to be a "developmental gap" between him and his peers.

But he said: "He is doing extremely well in the circumstances and continues to make progress with his therapy."

Judge Brian Forster QC approved the settlement and said it met his needs and was in his best interests.

Addressing the father, the judge added: "I hope this approval provides some finality and, of course, a foundation upon which you can build and continue to move forward in the future."

The family's solicitor, Eddie Jones, said later: "Jaundice is a common condition in newborns and, whilst in rare cases the consequences can be serious, it is treatable.

"Sadly, the mistakes made have had a catastrophic impact on my client's life and the lives of the rest of his family."

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