8 year old girl wins £335,000 from NHS

Posted: 13th November 2012

NHS Sign 2An eight-year-old girl whose lawyers claim a doctor pulled too hard during her hospital delivery, causing lifelong disabilities, has settled her damages claim against an NHS trust for £335,000.

Freya Kemp's legal team argued that the obstetrician used ‘excessive and inappropriate traction’ during her difficult delivery at North Hampshire Hospital in May 2004. The result, it was claimed, was a condition known as ‘shoulder dystocia’ and permanent damage to the bundle of nerves that controlled the movement of her right arm.

Through her mother, Samantha Kentish, Freya sued the Basingstoke and North Hampshire NHS Foundation Trust, which - without making any admission of liability – agreed to a settlement of her case at the High Court. Freya's barrister said that the case had not been straightforward and the settlement had been calculated taking into account the inherent risks of litigation.

Approving the compromise, Mr Justice Eady said: ‘I am quite satisfied that the settlement is one that is in Freya's best interests and all that remains for me is to extend my best wishes to her and her family for the future’. The money will be used exclusively to give Freya the lifetime of extra assistance she will need as a result of her disability.