Boy Injured at Birth Wins Right to Damages
Posted: 4th July 2011
A ten-year-old boy, who was left with severe brain damage after being starved of oxygen during his birth at New Cross Hospital in Wolverhampton, has won the right to claim a seven-figure sum in compensation for his injuries.
As a result of complications during his birth in April 2001, Joseph O’Reggio has cerebral palsy. He has severe learning difficulties, is reliant on a wheelchair and is unable to speak or feed himself. The seriousness of his disability means that he requires 24-hour care.
Joseph’s parents claimed that delays during his birth were responsible for his injuries and that hospital staff were negligent in not realising that he was in distress sooner. Royal Wolverhampton NHS Trust admitted liability for the delays but denied that they were the cause of Joseph’s brain damage.
In the High Court, the Trust admitted partial liability for Joseph’s injuries and agreed to pay compensation on the basis of 80 per cent of the full value of the claim.
The agreement was approved by the Court and the damages settlement will now be assessed, unless an out of court settlement is agreed between the parties before that time.
Nothing can adequately compensate for the loss of someone’s health and the ability to live a normal life. However, a financial settlement can help the person affected and their family cope with the circumstances knowing that essential care needs can be met and paid for.