10 year old wins £5.8 million from NHS

Posted: 13th November 2012

A severely disabled ten-year-old boy has been awarded a £5.8m settlement of his case after failures in his treatment at Southampton General Hospital a few weeks after his birth resulted in devastating brain damage. Perry Evans was described at the High Court as a ‘chirpy, happy and voluble’ schoolboy but he will require costly care and support for the rest of his life.

HospitalPerry sustained a ruptured gut due to the failure of hospital staff to recognise a critical bowel obstruction soon after his birth in 2002. Counsel representing Southampton University Hospitals NHS paid tribute to Perry as ‘a wonderful, happy and positive little boy’ and told the court: ‘We are truly sorry that Perry suffered such grievous injuries as a result of the inadequacies of his care as a small child.’

Despite his severe cerebral palsy, Perry has retained a ‘good deal of understanding’ and has ‘lots going for him’. However, he suffers ‘severe mobility difficulties’ as well as ‘cognitive problems and some visual impairment’ and requires assistance with many of the activities of daily living.

Judge Mitchell approved a settlement comprising a £2.15 million lump sum, plus annual, index-linked and tax-free payments to cover the costs of Perry’s care throughout his life. Those payments will begin at a rate of £150,000-a-year, rising to £240,000 after he reaches the age of 18. His lawyers estimated that the total package is worth around £5.8million.