A Bradford hospital will pay £4.6m to a boy who suffered a brain injury shortly after birth, after a judge approved the settlement.
Bradford Teaching Hospitals NHS Foundation Trust reached the agreement after a clinical negligence claim was brought on behalf of the child, who cannot be named because of an anonymity order.
The boy suffered a severe hypoglycaemic brain injury shortly after birth at Bradford Royal Infirmary. He now lives with profound lifelong disabilities, including global developmental delay, drug-resistant epilepsy, microcephaly, lack of visual function and GMFCS Level 5.
He is non-verbal, doubly incontinent and fed through a gastrostomy tube.
The central issue in the case was whether the child should have been discharged home shortly after birth.
The claimant’s case was that the baby was not breastfeeding properly and should not have been discharged. Had he remained in hospital, he would have received IV dextrose, which would have prevented the brain injury.
The Trust disputed this, arguing there were no concerns about feeding, that the discharge was reasonable, and that the deterioration happened only after discharge and could not have been avoided.
The claim was issued in the Leeds District Registry and was due to be heard over a seven-day trial, with expert evidence covering midwifery, neuroradiology, neonatology, endocrinology and paediatric neurology.
A settlement was reached at a second joint settlement meeting, with the Trust agreeing to pay a £4.6m lump sum.
On 23 March, HHJ Mark Gargan, sitting as a judge of the High Court, approved the settlement on what would have been the first day of the trial.
“It seems to me this is a case where for the family such a substantial sum of money gives them a real opportunity to provide for the Claimant’s care in the future to enable him to have the best quality of life open to him, in circumstances where refusing the offer could leave him in a difficult situation indeed,” said Mr Gargan.
Ahead of the approval hearing, an expedited Court of Protection application was made by EMG Solicitors to appoint deputies.
The child’s mother has also identified a suitable adapted single-storey property to ensure his needs can be safely met.
The case was led by Anna Sari, partner and head of clinical negligence at Morrish Solicitors, with support from Roisin Hulme, associate solicitor. They worked alongside Hylton Armstrong of Parklane Plowden Chambers, led by Henry Pitchers KC.
Bradford Teaching Hospitals NHS Foundation Trust said: “We are pleased that the court has approved the settlement in this case and hope that it will help the claimant and their family as much as possible.”
Sari said she was “extremely pleased” that the “incredibly long journey” had reached this point, but added that the case had been “by no means straightforward”.
“I am extremely pleased with the outcome and that the parties were able to resolve the matter without the need for a full trial,” she said.
“My client has fought tirelessly for many years to secure justice for her child, despite the Trust’s continued refusal to accept fault.
“The emotional burden she has carried through this process has been immense and her perseverance is a testament to her strength as a devoted mum.
“This life-changing settlement will provide financial security and enable the child to access the vital long-term support, care and therapy he needs to improve his quality of life.”
