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NHS pays out £20m to girl starved of oxygen at Medway Maritime Hospital

A "delightful" little girl who was born to face a lifetime of severe disability will receive an NHS compensation package worth almost £20 million.

Now aged nine, she suffered a short period of acute oxygen starvation before her birth at Medway Maritime Hospital in Gillingham and it was not until 12 minutes after her delivery that medics were able to detect a sustainable heart beat.

Medway Maritime Hospital in Gillingham
Medway Maritime Hospital in Gillingham

NHS lawyers accepted that, had it not been for a negligent delay in her delivery, she would have been born uninjured, the High Court was told during a remote hearing.

Medway NHS Trust admitted liability for her injuries and today agreed to a final settlement of her claim with a capitalised value of £19,750,000.

Together with a £7,300,000 lump sum, she will receive index-linked and tax-free annual payments to cover the costs of her care for life.

They will start at £108,440 a year until she is 14 and will then rise to £191,440 a year, said her barrister, John de Bono QC.

They will go up again to £294,760 a year when she is 20, before peaking at £324,760 a year when she reaches the age of 38.

Royal Courts of Justice in London
Royal Courts of Justice in London

Mr de Bono told the court that the girl, who cannot be identified, suffers from severe dyskinetic cerebral palsy.

She is, however, intelligent, has only mild learning difficulties and is doing well at school.

A joy to her family and friends, the barrister said that she "likes things just so, particularly in her bedroom".

Although she has difficulties with mobility and dexterity, she can operate her own electric wheelchair and uses an iPad.

NHS counsel, Andrew Post QC, said the trust was pleased a settlement had been reached and wished the girl and her family well for the future.Approving the settlement, Mr Justice Martin Spencer said it was estimated that the girl has a life expectancy to age 53.

The child was starved of oxygen as a baby
The child was starved of oxygen as a baby

It was, however, hoped that she would live much longer than that and the advantage of the annual payments was that, however long her life, funds would always be available to pay for her care.

The judge added that the trust had "acknowledged its failures" and judgment was entered against it in 2017. Praising her parents, he said: "No one reading the papers could fail to be struck by their dedication, love and sheer hard work in caring for their daughter."

The judge was particularly impressed by the "delightful" way in which she interacted with a younger sibling.

He agreed that her parents should receive £150,000 from the settlement as an inadequate reflection of all that they had done for her.

"No one reading the papers could fail to be struck by their dedication, love and sheer hard work in caring for their daughter"

They had been "somewhat reluctant" to sue the trust on their daughter's behalf, but had "now achieved all that they set out to achieve."

Congratulating the family, the judge said that the money would enable the girl's potential to be maximised.

He concluded: "I thank her parents for all that they have done for her and will continue to do in the future."

Responding to the settlement Medway NHS Foundation Trust chief executive James Devine said: "The trust accepted liability concerning [the child's] birth in 2011, and has apologised to her and her family for the errors made.

"The trust is pleased the claim has been resolved and offers her and her family its very best wishes for the future.

"Medway NHS Foundation Trust works hard to ensure that the quality of care it provides continues to improve and that lessons are learnt when mistakes are made."

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