Millions awarded to boy born at Queen Elizabeth Hospital

The funds will go towards meeting his extensive needs for the rest of his life after the hospital he was born as admitted that failures in his care caused his 'catastrophic' injuries.

The child, who cannot be named for legal reasons, suffers from cerebral palsy, affecting his development, mobility and ability to communicate, and the severity of his care means he needs 24-hour care and specially adapted accommodation.

In a letter sent to the family’s lawyers, Lewisham and Greenwich Hospital NHS Trust said it ‘deeply regrets’ the injuries sustained by 'DXP', and admitted that had he been born sooner it is likely that he would not have suffered from cerebral palsy.

The child, referred to as DXP, was born on June 4, 2012, at the Queen Elizabeth Hospital in south east London.

Following his birth, the family, who are from Kent, contacted medical negligence lawyers Simpson Millar to investigate the care he had received at QEH, including concerns that he should have been delivered sooner via Caesarean section medical staff identified an issue with the baby’s heart.

Following an admission of liability from the Trust in 2014 the family were awarded interim payments on account of damages which ensured that the boy had access to suitable accommodation, care and rehabilitation whilst the case was ongoing.

And following the High Court trial, a total of £10 million in compensation is to be paid initially as a substantial lump sum and then in annual periodical payments which will continue for the rest of the child’s life.

The family’s lawyer, David Thomas from Simpson Millar, said the family were "extremely relieved" the long legal case is now drawing to close and "are looking forward to moving on with their lives as best they can."

“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 the child’s immediate, and longer-term care needs."

The letter from the NHS trust said that a failure to offer an induction of labour at 39 weeks gestation, - following repeated visits to the hospital because the baby had stopped moving as much, and a diagnosis of gestational diabetes - and the failure to carry out a Caesarean on the 3rd of June, had represented a ‘breach of duty in care’.

A subsequent investigation also raised concerns about the communication between staff during the labour, as well as the interpretation of the baby’s CTG trace by both junior obstetricians and midwives.

Mr John De Bono QC, appearing on behalf of the family, told the High Court of the amazing love and devotion the mother had shown to her child and her hope that the compensation will change their lives for the better.

The barrister for the Hospital NHS Trust, Mr Alexander Hutton QC, reiterated the hospitals apology for its failings in care which resulted in DXP being born with such profound disabilities.

The Judge, Mr Justice Martin Spencer QC, paid tribute to the family and the parties’ legal teams for their combined efforts in achieving a very satisfactory settlement and making the legal process as stress free as possible for the family.

He remarked that despite his severe disabilities, DXP loves the wind on his face and enjoys playing in water and listening to music.

Mr Thomas continued: “Given the complexity of the boys needs a lot of expert evidence was obtained to determine what care and support he will need for the future, but the collaborative approach taken by the NHS Resolution’s legal team throughout the matter helped to establish a settlement as quickly as realistically possible.

“Whilst DXP will never be in a position to live independently, the care package he has been awarded by the High Court does mean he can live in a specially adapted home with dedicated carers, and with access to specialist equipment.”