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Pembury Hospital payout: Teenager wins £5.3m payout from the NHS after picking up infection while in the womb

A teenager left severely brain damaged after picking up an infection while still in his mother's womb has won a £5.3m payout from the NHS.

The boy, identified only as "C" for legal reasons, was born suffering from mental and physical handicaps in 2000 at the Pembury Hospital, near Tunbridge Wells.

It was later established that he had suffered from a bacterial infection before his birth, which had not been picked up by hospital staff.

Pembury Hospital, which has now been demolished and replaced by the Tunbridge Wells Hospital
Pembury Hospital, which has now been demolished and replaced by the Tunbridge Wells Hospital

Through his parents, C sued Maidstone & Tunbridge Wells NHS Trust, alleging negligence.

Today Mr Justice Foskett approved a settlement of the case, including a £2.6 million lump sum.

The boy will also receive index-linked and tax-free annual payments to cover the costs of his care for life.

Those will start at £35,000 a year, until 2019, before rising to £90,000 a year. The settlement had a capitalised value of £5.3m.

Sarah Vaughan-Jones QC, for the trust, said: "I would like to repeat in open court the trust's formal apology and sincere regret for the events which led to C's injury."

Mr Justice Foskett, approving the settlement, said: "The condition should have been recognised and treated. It resulted in serious brain injuries.

"The hospital has accepted responsibility in that respect."

The boy's thinking processes and mobility were severely affected and there remained "uncertainties about his future," added the judge.

What was sure, however, was that he would need significant support and care throughout his life.

He went on to praise the boy's "immensely supportive" family, singling out his mother for special mention.

"I'm entirely satisfied that this settlement is in the best interests of C. I wish him and his family well," the judge concluded.

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