Judge Approves Settlement of Dyskinetic Cerebral Palsy Compensation

A multi-million settlement of dyskinetic cerebral palsy compensation has been approved at the High Court in favour of an eight-year-old boy from Wales.

Callum Davies was born in November 2002 at the Nevill Hall Hospital after a fifteen minute delay in his delivery resulted in him being starved of oxygen in the womb and sustaining brain damage.

Callum (now eight years of age) suffers from dyskinetic cerebral palsy, will never be able to live independently and will require extensive help for the remainder of his life.

Callum´s father – Paul Davies from Abergavenny in Monmouthshire – made a claim for dyskinetic cerebral palsy compensation on behalf of his son, claiming that the delay in delivering Callum was avoidable and attributable to hospital negligence.

The Anuerin Bevan Health Board (formerly the Gwent healthcare NHS Trust) admitted liability for Callum´s terrible birth injuries and a compensation package was negotiated to provide Callum with the care he will need for the rest of his life.

At the High Court in London, Mrs Justice Nicola Davies heard that the package consisted of a £2.275 million lump sum payment followed by annual index-linked, tax-free payments for the rest of Callum´s life.

The judge heard that the dyskinetic cerebral palsy compensation settlement will be used to adapt the family home and provide a specialised education program for Callum. The court also heard an apology read to Callum´s parents by a representative of the Anuerin Bevan Health Board.

Approving the settlement of dyskinetic cerebral palsy compensation, Judge Davies said: “It is clear that the care which you have given is of the highest order. I know that Callum´s injuries have impacted you and your whole family as a unit and that is something which at times is very, very difficult for families”.

The judge concluded: “I am well aware that the settlement approved by the court is not the complete answer, but what I do hope for the family is that these monies will make life easier”.

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