Young girl and family receive multi-million pound compensation
A young girl who was left in need of 24-hour care after suffering catastrophic brain damage, was granted a multi-million pound compensation and care package.
The nine-year-old was affected by the condition after being struck by a virus that medical staff did not diagnose.
Lawyers who fought for the young girl blamed staff at James Paget Hospital, near Great Yarmouth, for failing to diagnose the condition, which left her with spastic quadriplegia and acute learning difficulties.
Despite denying medical negligence, the James Paget University Hospitals NHS Foundation Trust agreed a settlement which will see the girl, of Stoke Ash Road, Thorndon, near Eye, receive 80 per cent of the full valuation of the claim.
After negotiations outside court, lawyers revealed at the High Court that the NHS Litigation Authority had agreed a sum in settlement which was in the girl's 'best interests'.
The total multi-million pound settlement, which has not been disclosed, will be made up of a substantial lump sum, along with yearly, index-linked and tax-free payments to fund her extensive care for the rest of her life.
Parents 'very happy' with court outcome
Speaking outside the court, her father said that he and the girl's mother, who share the same name, were 'pleased' with the outcome, but declined to comment further.
Approving the settlement, High Court judge, Mr Justice MacDuff, said he was 'very happy' to let the case come to an end with a 'very good' settlement for the family.
"Nothing can turn the clock back and all I can do is to approve the order and wish you and the rest of the family all the very best for the future," he told the girl's father.
He also said to the family that they "can look forward to the future with some security now."
The young girl was born a few weeks prematurely in January 2000 and appeared to thrive and feed well.
But her parents soon noticed that she had become permanently sleepy and was losing weight and took her to see her GP on February 1, 2000.
The doctor arranged an immediate admission to the hospital, where she was seen, but no clear diagnosis was made and she was discharged the same day.
Hospital rush comes too late
On February 12 2000, the baby suffered a collapse at home and was rushed to hospital, unfortunately too late to save her from brain damage.
Had the case gone to a High Court trial, lawyers were set to argue that the virus should have been diagnosed and treated earlier in order to prevent the damage.
But, in order to avoid a costly trial in London and the grave financial risk on both sides of a court defeat, the 80 per cent basis settlement was agreed instead.
Although the bulk is in yearly payments, the settlement includes £225,000 in 'general damages' to the patient for her 'pain, suffering and loss of amenity' and £140,000 to her parents as some recognition of the years of devoted care they have given her.
A spokeswoman for the legal firm, said: "The Trust is pleased that this claim has now been resolved to the satisfaction of both parties and that appropriate long-term provision has been made for Angela and her family."
Updated on 12/28/2009