Man receives damages in hospital settlement

The West Berkshire man suffered brain damage at birth more than 20 years ago

A MAN who suffered brain damage at birth more than 20 years ago has received significant damages in a payout at London's High Court.

The West Berkshire man who, the judge ruled, cannot be identified, was temporarily deprived of oxygen during his mother's labour at the old Princess Margaret Hospital in Swindon. He was left suffering from cerebral palsy, epilepsy and serious learning difficulties.

Lawyers representing the man had been set to argue that his birth should have been brought forward by almost two hours and that, if it had been, he would not have suffered injury at all.

However, an out-of-court settlement has avoided the need for a potentially costly High Court hearing and the risks involved for both sides.

As the difficult years went by after his birth, a High Court damages claim was begun which resulted in the substantial settlement with the South West Strategic Health Authority.

The payout will come in the form of an immediate lump sum payment, with subsequent annual, index-linked and tax-free sums to cover the cost of his extensive care needs for the rest of his life.

Appearing at the High Court in London, NHS barrister Sarah Vaughan Jones QC, expressed regret on behalf of the Strategic Health Authority, which has responsibility for the now-closed hospital's liabilities.

She said: “It is a long time ago and the family have unstintingly cared for him. “I am instructed simply again to offer apologies and to offer the family the very best for the future.”

Approving the agreement, Mr Justice Tugendhat said: “It only remains for me to say that, reading the account of his life, the court can only be in admiration for the care which his family has given him and I wish him and the family very well.”