Payout after difficult birth
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The mother of a little boy who
suffered catastrophic injuries during a difficult birth has spoken
of her relief after a £10 million NHS payout was approved at the
High Court.
William James David Scotton, who
is now four years old, was left with severe brain damage after
complications arose because he was a large baby - 11lb 10oz -
when he was born at Maidstone Hospital in August 2007.
As a result of the trauma he
suffered during his birth, William will need round-the-clock care
for the rest of his life as he is severely brain damaged,
quadraplegic, blind and has epilepsy.
On his behalf his mother Tracy
Scotton, from Maidstone, brought a claim against Maidstone and
Tunbridge Wells NHS Trust - which runs the hospital - alleging his
injuries were caused by failures in her care before and during his
birth.
Speaking after a hearing at
London's High Court, at which a settlement providing damages and
funding for William's future care was approved, Mrs Scotton said:
"I am relieved it is finally over."
Her case was that she should
have been referred to an obstetrician for specialist care when it
was realised William's estimated weight was 8lbs at a 34-week
check.
It was also alleged there were
further errors made during his delivery, resulting in Mrs Scotton
having to undergo an emergency Caesarean section.
Admitting full liability for the
events which led to William's injuries, the trust agreed to pay a
lump sum of £2.6 million, followed by annual payments of between
£89,000 and £212,500, to cover the enormous costs of his care for
the rest of his life.
The trust has also agreed to pay
up to £600,000 fees for specialist education for William, in the
event it cannot be provided by Kent County Council.
Speaking outside court, his
solicitor Michael Turner, said the settlement could result in the
trust paying out around £10 million over William's
lifetime.
He added: "Tracy is just the
most incredible mother - she has devoted her life to
William."
During the brief hearing, the
trust's barrister, Neil Block QC, also paid tribute to William's
family for the care they have given him.
He said: "I take this
opportunity to apologise on behalf of the NHS for the mistakes that
were made, which led to him sustaining such grievous
injury.
"Unfortunately, nothing other
than compensation can be provided now by the NHS. We hope that
William's family now at least have one burden lifted from their
shoulders, in that the financial security to provide for him in the
future is now there.
"May I, on behalf of the NHS,
say that the loving and devoted care William has received from his
parents shines out and the court can have confidence this will
continue into the future."
Approving the settlement, Mr
Justice Tugendhat added: "I would like to add my own personal
sympathy to William's parents and pay tribute to the care which the
family has devoted to William. Send him my best wishes."
Thursday, February 09 2012
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