News

08.10.18

Record £37m NHS compensation pay-out for brain-injured boy

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

The child contracted the herpes simplex virus at Watford General hospital which “was not detected and acted upon” soon enough, resulting in extensive brain injuries to the boy, according to his barrister, Henry Witcomb QC.

The court heard that there was a two-day delay in giving the boy an antiviral drug, as reported by the BBC, of which West Hertfordshire Hospitals Trust has previously apologised for and agreed to settle his case.

The boy’s solicitor said the £37m pay-out, made up of a lump sum plus yearly tax-free payments, was the “highest award ever” in a clinical negligence case against the NHS and will pay for the 24-hour care he will need for life.

The previous record was around £20m, last week, when the NHS agreed to pay compensation to an 18-year-old woman for brain injuries suffered as a baby.

The woman suffered a respiratory arrest due to oxygen starvation in February 2000, and reached a settlement with the Cardiff and Vale University Health Board.

In the boy’s case, who cannot be named for legal reasons, London High Court heard that the result of the negligence was “catastrophic damage to his brain” which caused eyesight and communication problems, cognitive and movement difficulties, and behaviour issues.

Mrs Justice Lambert told the court, as reported by the BBC, “the effects of the negligence have been tragic both for the boy and his family," and the trust admitted liability an early stage.

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 said that the chief executive of the trust sent a letter apologising to the boy’s family in a May 2017, and added that lessons had been learned from the incident.

Top image: Steve Parsons/PA Archive/PA Images 

 

Enjoying NHE? Subscribe here to receive our weekly news updates or click here to receive a copy of the magazine!

 

 

Comments

There are no comments. Why not be the first?

Add your comment

 

national health executive tv

more videos >

latest news

View all News

comment

Recoup and recover

10/10/2018Recoup and recover

The ease and round-the-clock nature of making cashless payments has transfo... more >
The clinical voice at the heart of procurement

10/10/2018The clinical voice at the heart of procurement

Jo Gander, director of the Clinical and Product Assurance (CaPA) team, talk... more >

editor's comment

25/09/2017A hotbed of innovation

This edition of NHE comes hot on the heels of this year’s NHS Expo which, once again, proved to be a huge success at Manchester Central. A number of announcements were made during the event, with the health secretary naming the second wave of NHS digital pioneers, or ‘fast followers’, which follow the initial global digital exemplars who were revealed at the same show 12 months earlier.  Jeremy Hunt also stated that by the end of 2018 – the 70th birthday... read more >

last word

Hard to be optimistic

Hard to be optimistic

Rachel Power, chief executive of the Patients Association, warns that we must be realistic about the very real effects of continued underfunding across the health service. It’s now beyond more > more last word articles >

interviews

Duncan Selbie: A step on the journey to population health

24/01/2018Duncan Selbie: A step on the journey to population health

The NHS plays a part in the country’s wellness – but it’s... more >

the scalpel's daily blog

On your bike!

17/10/2018On your bike!

Sathish Sethuraman, travel and transport plan co-ordinator at Northumbria Healthcare NHS FT, explains how efforts to promote cycling to work at the trust are resulting in more... more >
read more blog posts from 'the scalpel' >

healthcare events

events calendar

back

October 2018

forward
mon tue wed thu fri sat sun
24 25 26 27 28 29 30
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 1 2 3 4

featured articles

View all News