A Liverpool hospital trust will have to pay out £15million after a baby boy suffered brain damage at birth and developed cerebral palsy.
The boy, known only as PW as he cannot be named for legal reasons, was born at Liverpool Women’s Hospital in 2013, when his mother went into early labour at 38 weeks.
However, while the baby was delivered via emergency caesarean section (ECS), the boy’s heart rate started to drop due to a uterine leak.
Later, the Liverpool Women’s NHS Foundation Trust admitted that it had failed to fulfill its duty and stated that an earlier delivery would have been appropriate.
The Trust was ordered to pay the family £15million at an approval hearing at Manchester High Court held yesterday.
The hospital chiefs stated today that they have sincerely apologized to the boy’s family and offered their support.
The Liverpool Women’s NHS Foundation Trust will have to pay out £15million after a baby boy suffered brain damage at birth and developed cerebral palsy
Following legal action brought by law firm Simpson Millar against Liverpool Women’s Hospital NHS Foundation Trust on behalf of the family, the Trust also admitted that if earlier delivery had occurred PW ‘would have avoided all neurological injury’.
The £15million compensation care package, which includes a lump sum payment of £5.3million, as well as annual payments for the remainder of the child’s life, will now be used to fund a lifetime of care, therapies, specialist equipment and accommodation.
Speaking on behalf of the family, lawyer Jodie Cook said while the severity of PW’s condition – which impacts his development, mobility and his ability to communicate – means he will never be able to live independently, the funds will ensure he can live to the ‘fullest potential’.
She said: ‘Because these payments will run for the rest of my client’s life, the reality is that the value of this claim could well exceed the £15million estimate.
‘However, what’s far more important than the numbers, is the fact that this compensation will offer my client security and peace of mind for his future.’
Ms Cook added the family were ‘extremely relieved’ the case had come to an end, and very much looking forward to moving on with their lives.
She said: ‘No amount of money will ever compensate the family for what they have endured over the years as a result of an injury that could and should have been avoided, but it will provide some financial stability which will fund PW’s immediate and longer-term care needs.
“The relatives are relieved that this case is over and they are eager to move on with their lives.
“While PW won’t be able to live alone, the High Court has awarded him a care package that allows him to live in an adapted home, with dedicated caregivers and access to special equipment.
Speaking on behalf of the family, lawyer Jodie Cook (pictured) said while the severity of PW’s condition – which impacts his development, mobility and his ability to communicate – means he will never be able to live independently, the funds will ensure he can live to the ‘fullest potential’
PW received interim payment on account of damages after an admittance of liability by the Trust in 2016. This allowed PW to continue receiving care and rehabilitation.
Speaking about the outcome of the case, PW’s mother said: ‘It is a relief to finally get to this point and know our son’s needs will be met for the rest of his life.
“We understand that no one can heal his injuries, but it is comforting to know we can provide support and the necessary care packages.
A Liverpool Women’s NHS Foundation Trust spokesperson said: ‘Liverpool Women’s NHS Foundation Trust would like to offer its sincere apologies to PW and his family for the failings in relation to PW’s delivery in 2013.
“These failures were carefully considered, and the Trust has taken lessons from them.
‘The Trust recognises that money cannot truly compensate PW, but hopes that with the settlement which the Court has now approved in this matter, PW and his family will be able to move forwards in the knowledge that PW’s care needs now and into the future are met, as well as recognising the very significant care and input which PW’s parents and family have provided to date.
‘Liverpool Women’s NHS Foundation Trust would like to express its very best wishes to PW and his family.’