NHS pays record 37 million to boy brain damaged by virus at birth

A record £37 million in compensation has been awarded from the NHS to a six-year-old boy after contracting a virus in hospital which lead to "catastrophic" brain damage.

 

Following his birth at Watford General Hospital, the boy contracted the herpes simplex virus, which later developed into a devastating brain fever, the High Court heard. The hospital sited a two-day treatment delay which resulted in "catastrophic damage to his brain," the boy's barrister Henry Witcomb QC said.

 

The boy who cannot be identified has been left with communication and eyesight problems, movement difficulties, cognitive and behavioural issues. 

 

West Hertfordshire Hospitals NHS Trust had previously apologised and agreed to settle his case.

 

The boy's solicitor said the pay-out was the "highest award ever" in a clinical negligence case against the NHS.

 

Mrs Justice Lambert said, "The effects of the negligence have been tragic both for the boy and his family." She told the court the Trust admitted liability for what happened to the boy.

 

A lump sum pay-out in addition to annual, index linked, and tax-free payments will be issued to the boy to cover the cost of he 24-hour care he will need for life. The value of the settlement calculated over his lifetime is set to reach over £37 million.

 

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 added that lessons had been learned and steps had been taken to ensure "nothing similar will ever happen again".

 

After the hearing the boy's solicitor, Paul McNeil, said: "The settlement will ultimately enable the family to access funds to pay for vital care, education and therapies for life.

"While we recognise that this is the highest award ever made against the NHS, our hope is that such accidents will never be allowed to happen again in the future."

 

The West Hertfordshire Hospitals NHS Trust said: "The trust is pleased that the court has now given its ¬approval to the resolution of this case," adding that they strongly regretted the outcome for the boy.

 

The previous record payment from the NHS in compensation is believed to have been around £20 million.

 

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