A boy aged 12 who was left profoundly disabled after he was starved of oxygen at birth is in line to receive almost £15 million in medical negligence compensation from the NHS.
A High Court Judge stated that there was agreement that the birth of James Robshaw at Lincoln County Hospital in December 2002 had been “negligently mishandled”. James is facing a lifetime of round the clock care after being left with cerebral palsy, and needs the compensation claim pay out to support him throughout the rest of his life.
The Court has not yet settled on the final figure of compensation to be awarded to James, but it is expected to be around £14.6 million. This makes it one of the highest pay outs ever for NHS negligence compensation yet in the British court system.
The Judge praised James’ mother Suzanne for the way she had cared for her son, and described him as a “very active, quite exceptional, young man”.
During the case the court heard that avoidable problems during James’ delivery had resulted in cerebral policy which affects all four of his limbs. He can only communicate with an eye-controlled computer.
Lawyers for the family argued that James’ oxygen starvation during delivery was as a consequence of the medical staff’s failure to pick up on abnormal changes during the final stages of labour.
His mother sued the United Lincolnshire Hospitals NHS Trust on her son’s behalf. The Trust admitted being negligent and admitted liability for compensating him for his injuries.
The 11 day hearing at the High Court in London saw the lawyers arguing over the level of compensation which should be paid to James.
The Judge rules on the main issues in the case, and then asked the lawyers to consider the sums payable out of court.
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