A High Court judge has approved a settlement of compensation for hypoxia injuries at birth which resulted in a child suffering from cerebral palsy.
The boy – who cannot be named for legal reasons – was delivered at the Torbay Hospital in 2004 after an avoidable delay in his birth. As a result of the delay, the boy was starved of oxygen in the womb and suffered hypoxia.
Now suffering from cerebral palsy, the boy is unable to independently perform day-to-day tasks and is confined to a wheelchair. Due to commitment of his mother, the boy has learned to communicate by eye movement and with the use of modern technology.
After the extent of his injuries was established, the boys´ parents made a claim for compensation for hypoxia injuries at birth and, after an investigation at the hospital, the South Devon Healthcare NHS Foundation acknowledged liability and negotiations were started to put together a settlement package.
At the High Court in London, Judge Nicholas Cooke QC heard that the boy is fully dependent on his family for his care and has to fed through a tube. Judge Cooke said the boy had suffered “appalling misfortune” but had the blessing of a loving family.
The judge was told that the settlement of compensation for hypoxia injuries at birth comprised of a £2.17 million lump sum payment and index-linked tax-free payments of £189,500 each year until the boy is twenty years of age – when the annual payments will increase to £232,125.
Approving the settlement, Judge Nicholas Cooke QC said the settlement of compensation for hypoxia injuries at birth was in the boy’s best interests, and he thanked the parties for agreeing to settle before the case cost the public purse any more than it already had.