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£2m damages for brain-damaged boy

By: KentOnline reporter multimediadesk@thekmgroup.co.uk

Published: 00:00, 18 October 2007

A six-year-old Kent boy who suffered permanent brain damage after being born just 10 minutes too late due to a hospital blunder won £2m damages at London’s High Court today.

In approving the agreed damages award, Mr Justice Grigson paid tribute to John Martyn’s mother, Denise, of Whitehall Road, Canterbury, for her “selfless devotion” in lovingly caring for him.

The judge also approved the settlement of John’s claim against the East Kent Hospitals NHS Trust whose counsel David Westcott, QC, admitted a “mistake” had been made during his birth on May 2, 2001, at the Kent and Canterbury Hospital.

John’s counsel, Jeremy Pendlebury, told the judge if he had been born 10 minutes earlier the brain damage caused by being starved of oxygen in the womb would not have occurred.

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He claimed as a result John suffered mild to moderate cerebral palsy.

He described John as a “lively lad” who had preserved intelligence but needed help to reach his potential.

The court heard that while the trust did not accept their breach of duty caused the brain damage they admitted there had been a mistake.

For full story, see this week's Kentish Gazette.

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