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Author: gothiclight Date Posted:March 28, 2019 Last Modified:April 08, 2019
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Front Page >> Health and the Enviroment >> United Kingdom >> Hertfordshire
BBC, "NHS to pay up to £6.2m to man brain-damaged in childhood [in 1997]"

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bbc article dated 26th/march/2018 states at least at time I read it on 28th/March/2019:

"A man in his 20s, left disabled by a childhood brain infection, has won an NHS compensation package worth up to £6.2m.

The man contracted encephalitis, a life-threatening inflammation of the brain, aged one, whilst being treated at Watford General Hospital[?].

His family sued West Hertfordshire Hospitals NHS Trust to cover the lifetime cost of his care.

The trust said it was pleased the claim had been resolved.

A spokeswoman said: "We hope that the financial compensation will ensure that the claimant has the best possible quality of life in the future".

London's High Court heard that the man's parents cared for him for many years before contacting solicitors in 2012.

They believed his disabilities. which include severe epilepsy, learning difficulties and behavioural problems, were related to the MMR vaccine.

Investigations then found there had been an eight-hour delay in giving him the anti-viral drug Acyclovir while he was treated in hospital in 1997, his barrister, Elizabeth-Anne Gumbel QC [?], said.

The trust disputed whether earlier treatment of the drug would have made a difference.

'Done the utmost'
Mr Justice Baker awarded the family a lump sum of £1.5m, plus index-linked payments of £74,000 a year to cover the costs of his care for life.

He said: "You have done the utmost that could possibly have been expected of you and I'm glad to see that you will now, at last, have some security in your position."

After the hearing, the family's solicitor, Anne Kavanagh, from Irwin Mitchell, said: "Although liability was not formally admitted in this case, the trust took a very pragmatic and constructive approach to the negotiations which led to this settlement, for which they deserve credit."

His parents said: "All we have ever wanted is for our son to receive the care he needs because of his condition."

The settlement means "we will be able to concentrate on the future and try and help him make the most of life".
"

bbc article dated 8/oct/2018 states at least at time I read it on 28th/March/2019:

"A six-year-old boy who suffered a "catastrophic" brain injury after his birth in hospital has received £37m in compensation from the NHS.

The child contracted the herpes simplex virus at Watford General hospital, which led to a brain fever.

His barrister, Henry Witcomb QC [?], told London's High Court the virus "was not detected and acted upon" soon enough.

West Hertfordshire Hospitals NHS Trust had previously apologised and agreed to settle his case.

The boy's solicitor said the payout was the "highest award ever" in a clinical negligence case against the NHS.

The court heard there was a two-day delay in giving the boy an antiviral drug.

It resulted in "catastrophic damage to his brain" which caused eyesight and communication problems, cognitive and movement difficulties as well as behavioural issues.

"The effects of the negligence have been tragic both for the boy and his family," Mrs Justice Lambert said.

She told the court the Trust admitted liability for what happened to the boy at an early stage and had agreed to settle his case.

'Acutely sorry'
The boy will receive a lump sum payout, plus annual, index linked and tax free payments to cover the costs of the 24-hour care he will need for life.

Mr Witcomb said the value of the settlement, calculated over the boy's lifetime, comes to more than £37m.

The chief executive of the trust apologised to the boy's family in a letter sent in May 2017.

The trust's barrister, John Whitting QC, said: "The care which he received was not of an appropriate standard and for that we are acutely sorry."

He added lessons had been learned and steps had been taken to ensure "nothing similar will ever happen again".

After the hearing the boy's solicitor, Paul McNeil, said: "While we recognise that this is the highest award ever made against the NHS, our hope is that such accidents will never be allowed to happen ever again in the future.""

dailymail article dated 15th/Oct/2018 stated at least at time I read it on 30/march/2019 (I was looking to see if I could do a 3 oh 4 pun in, as some people thought it was turning into a shallow hall gag, but i think their are too many deaths, and ruined lives as it is) :

"NHS pays out £100million to disabled children left brain damaged at birth in the space of just 24 hours the space of just 24 hours
High Court approved settlements in 11 cases on Monday [8/10/2018] and Tuesday [9/10/2018] last week
Negligence victims receive up to three times larger payouts than they used to
Damages are awarded to cover the costs of providing care over a patient's life"

an article in watfordobserver.com stated to have been written Rachel Russell, dated 27th/march/2018 states at least at time I read it on 28th/March/2019:

" young boy who suffered a serious brain injury soon after his birth at a hospital is set to receive multi-million pound NHS compensation.

The six-year-old was born at Watford General Hospital in 2011, Mr Justice Foskett [?] told London's High Court on Friday [23?/March/2018].

After a few days he became jaundiced - caused by the build-up of a yellow substance called bilirubin in the blood.

And his lawyers argued that he would have avoided permanent brain damage had he been treated with phototherapy in time.


Prompt phototherapy - treatment with light - would have caused the "bilirubin to be broken down to non-toxic levels", they claimed.

On the boy's behalf, lawyers sued the West Hertfordshire Hospitals NHS Trust, which runs the hospital, for damages.

The trust disputed liability but today agreed to settle the case on the basis of 85 per cent of the full value of the boy's claim.

Mr Justice Foskett, who praised the boy's "devoted parents", said it was "in his best interest to accept this settlement".

"Eight-five per cent of a substantial figure is still a substantial figure," he added.

James Watson QC, for the trust, said it would today issue "a statement apologising for the failings which did exist in the care provided both to the boy and, of course, indirectly to his parents".

The amount of compensation the boy will receive will be decided at a later date.

However, even after a 15 per cent deduction, the payout is likely to run into millions that will be used to fund his care for life.

Given the boy's acute vulnerability, the judge ordered that he must not be identified in reports of the case."

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