£8 Million Payout As Hospital Admits Mistakes During Boy’s Birth Caused Brain Injury
04/04/2011
The parents of a twelve-year-old boy, who was left severely disabled following mistakes made by medical staff during his birth, have spoken out for the first time after their son was awarded an £8million compensation package.
Beverley and Stephen Humphries, from Kidsgrove near Stoke-on-Trent, have spoken of their fight to secure justice for their son, Nathan, who has permanent brain damage after being deprived of oxygen during his birth at the University Hospital, Stoke on 27th April 1998.
The University Hospital of North Staffordshire NHS Trust had previously admitted liability for the errors, accepting that medical staff had been at fault in not checking Mrs Humphries’s blood pressure during labour. They also admitted failing to carry out a continuous CTG trace, which would have indicated that Nathan was in distress.
Independent medical experts found that if Nathan had been born just a few minutes earlier this would have resulted in him being born without brain damage.
At the start of National Birth Trauma Awareness Week (4th to 10th April), an awareness raising campaign organised by national charity the Birth Trauma Association (BTA), the family spoke of their relief that the settlement will provide for Nathan’s lifetime care and support. However, the couple also called on University Hospital in Stoke to learn lessons to prevent any other family from suffering from the same ordeal.
Nathan’s mother, Beverley, commented: “I am relieved that the settlement will mean that Nathan can be cared for in the way he needs, for the rest of his life. I still feel angry that simple mistakes, which should never have happened, have led to him suffering a serious lifelong disability. If I’d received better care he would not have been born with the problems that limit so much of what he is able to do.”
The settlement, approved at the High Court in Manchester, includes a lump sum payment of just over £3 million, followed by annual payments which will allow Nathan to receive the care and other special equipment that he requires for the rest of his life.
Beverley and her husband Stephen plan to use part of the settlement to buy a house that can be suitably adapted for their son’s needs.
She continued: “Nathan is a wonderful boy and he is loved very much by all who know him. However the fact remains that he will never be able to do the things that other boys his age take for granted such as playing sports or computer games. Sadly he will never grow up to have an independent life and will always be reliant upon people to help him with the most basic of tasks.”
Kim Metcalf, a medical law expert with the Manchester office of Irwin Mitchell solicitors, who represented the families brain injury compensation claim, said the financial settlement should not be viewed as a ‘lottery win’ but would be used to fund a lifetime of care which Nathan will need.
“The settlement reflects the fact that Nathan has a long life expectancy and will require adequate funds to purchase the significant care that he will require for many years,” said Ms Metcalfe.
“Although no amount of money can turn back the clock and give Nathan the normal life that he would otherwise have had, the settlement will provide both financial security for Nathan and also peace of mind for Beverley and Stephen that their son will have the proper care he needs for the rest of his life.
“Beverley and Stephen also hope that the Trust has learned lessons and that the basic midwifery errors that occurred during Nathan’s birth are not allowed to be repeated.
“As part of National Birth Trauma Awareness Week they are keen to ensure that other parents, who may find themselves in a similar situation, ask questions to discover whether conditions which result from a difficult birth could, in fact, have been prevented.”
Back to news