Girl injured at birth wins compensation claim

An 11-year-old girl who sustained injuries whilst being born has been awarded £10.8 million in compensation due to hospital staff failing to perform their duty of care.

Sir Robert Nelson, a High Court judge in London, heard that United Lincolnshire Hospital NHS Trust admitted clinical negligence when Milly Evans was born on March 1 2001. The Trust conceded liability in March two years ago – although it had at first challenged the sum of damages.

Milly, who has cerebral palsy, was moved to the neo-natal unit after she was born at Lincoln County hospital 11 years ago, and there she suffered a seizure and was resuscitated. It has led to her not being able to speak, so she communicates using hi-tech, eye-gaze equipment.

Andy and Kate, her parents, believe the midwife would have seen her foetal distress far quicker if the newborn's heart had been monitored more carefully. They argue Milly would not have suffered the injuries she has now if she had been delivered earlier.

Susan Rodway QC, representing the family, said in court:

"It is yet another incident of an avoidable accident at birth which caused devastating injuries."

The settlement sum is considered to be one of the biggest awards in the case of clinical negligence.

IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death, including clinical and medical negligence. If you would like advice on personal injury issues, you can contact a member of IBB's Personal Injury team, call us on 08456 381 381 or email pi@ibblaw.co.uk.