Boy receives £30million court payout after hospital blunders left him brain damaged

£30million court payout for boy, seven, who was labelled ‘naughty’ for his disruptive behaviour after it emerges blunders during his birth left him BRAIN DAMAGED

  • Boy’s emergency C-section was delayed at University College Hospital, London  
  • Medics resuscitated and ‘cooled’ the boy for 72 hours in order to protect brain
  • A court ruled that his birth injuries are a significant factor behind his behaviour

A boy of seven branded ‘naughty’ for years because of a brain injury caused by hospital blunders when he was born has been awarded £30million.

His delivery by emergency caesarean section was delayed as a result of negligence at University College Hospital in London in June 2012.

Medics discovered a number of problems and the boy, from north London, had to be resuscitated and ‘cooled’ for 72 hours to protect his brain.

For most of his life he has been labelled naughty and disruptive in school for ‘grossly abnormal behaviour’, including shouting, biting and defiance.

A seven-year-old boy, from London, who was labelled ‘naughty’ in school for his behaviour, has awarded £30million due to the brain injury he was left with as a baby due to hospital blunders. (File photo)

Two support workers are needed around the clock to help him deal with his outbursts and although he started at a mainstream school, he was excluded almost daily.

He now attends a specialist school with his own support workers. At home, his father cares for him as well as his mother, who uses a wheelchair.

His mother and father were accused by health and social workers of being bad parents for almost five years before a court ruled that his birth injuries are a significant factor behind his behaviour.

Problems at his birth included sepsis, seizures and persistent pulmonary hypertension, or high blood pressure in the arteries supplying the lungs. 

Medical evidence backed up claims that his difficult behaviour was down to these injuries and University College Hospital eventually admitted liability.

Judge Graham Robinson approved a settlement in excess of £30million at the High Court on Monday to fund the boy’s care.

Jane Weakley, a partner at Fieldfisher, the law firm that argued the case, said: ‘We instructed independent medical experts, including a paediatric neuropsychiatrist, and a diagnosis of autistic spectrum disorder was made, which he wouldn’t have had but for the brain injury, plus ADHD which he probably would have had anyway but which the brain injury made more severe. 

The boy's emergency caesarean section was delayed as a result of negligence at University College Hospital in London in June 2012

The boy’s emergency caesarean section was delayed as a result of negligence at University College Hospital in London in June 2012

‘Our case was that it is impossible to divide up his injury – that is, to attribute certain behaviours to the injury and others to factors such as his environment.

‘Without this vital diagnosis, this child would have continued to be considered as badly behaved, with blame focusing partly on genetics, partly on his living environment, whereas in fact, mistakes and delays during his birth meant he was deprived of oxygen which left him brain injured.’

She added: ‘I’m extremely pleased that this settlement for life will allow his family to provide the best possible care.’

The boy’s mother said: ‘It has been an incredibly stressful time. We have some peace of mind knowing that our son will be supported for the rest of his life.’

University College London Hospitals Trust said: ‘We are very sorry that this young person suffered a brain injury at birth in 2012 due to a delay in delivery.

‘We are pleased that… we reached a settlement with the family.’

 

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