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Multi-million pound compensation awarded to family after birth at Tunbridge Wells Hospital leaves boy with disabilities

14:59, 29 January 2021

updated: 09:36, 01 February 2021

A little boy who suffered injuries of "maximum severity" during his birth at Tunbridge Wells Hospital will receive multi-million-pound NHS compensation.

The six-year-old, who cannot be named after the court made an order protecting his identity, was left with disabilities after being starved of oxygen during his mother's labour, the High Court was told.

The boy was born at Tunbridge Wells Hospital Picture. Matthew Walker
The boy was born at Tunbridge Wells Hospital Picture. Matthew Walker

Suffering from quadriplegic cerebral palsy, he has severe communication difficulties and his vision and hearing are both impaired.

His barrister, Elizabeth-Anne Gumbel QC, told the court during a remote hearing: "His injuries are of maximum severity and he has very high needs."

His life expectancy is tragically shortened and the best estimate of experts is that he will survive into early adulthood.

Miss Gumbel, however, said his devoted family hoped that he would live much longer than that.

Maidstone and Tunbridge Wells NHS Trust admitted liability for his injuries and today agreed to a final settlement of his claim.

The boy was born in Tunbridge Wells Hospital at Pembury. Picture Matthew Walker
The boy was born in Tunbridge Wells Hospital at Pembury. Picture Matthew Walker

Together with a lump sum of £4,640,000, he will receive index-linked annual payments of £275,000 to cover the costs of his care for life.

Miss Gumbel told the court that those payments will ensure that he receives the care he needs, however long he lives.

NHS counsel, Philip Havers QC, issued a public apology on the trust's behalf for the errors which led to the boy's injuries.

Although "no amount of compensation could turn the clock back," the trust wished the boy and his family well for the future.

Approving the "fair and reasonable" settlement, Mr Justice Murray said the trust had admitted liability at an early stage in the proceedings.

He commended both sides for their sensible and pragmatic approach in settling the case without the need for a contested trial.

The boy's parents had made him their top priority and had "provided him with care of an exceptionally high standard at considerable personal sacrifice", he said.

A spokesperson for the trust said: “We deeply regret that the care provided to the family during the birth of their child fell short of the high standards we aim to provide to all patients.

“While we understand that no amount of money will ever compensate the family for what they have endured we treat all claims as an opportunity to learn and improve the safety and quality of care for our patients.”

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