£10m NHS payout for brain-damaged little boy
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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, now four,
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.
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 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 that 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.
"Unfortunately, nothing other than compensation can be provided now by the NHS…” – barrister Neil Block QC
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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