02/07/2008

Disabled Boy Awarded Compensation Payout

A nine-year-old boy who was left disabled after being deprived of oxygen at birth has been awarded £8 million compensation.

Owen Johnson has choreoathetoid cerebral palsy after sustaining brain damage during his birth at Dudley's Wordsley Hospital.

He was awarded the sum at Birmingham's High Court, which will pay for his long-term care.

Dudley Group of Hospitals NHS Trust admitted that failures were made during his delivery on 18 April, 1999 after a five-year campaign by Owen's parents and law firm Irwin Mitchell.

The court heard that the Trust acknowledged that an obstetrician was not called to examine an abnormal indication of foetal distress, leading to a period of near total asphyxiation.

The judge, Mr Justice Walker said he hoped the settlement would mean that Owen would be "well equipped for the best possible future".

Owen's mother, Sally Johnson said she was "relieved" that the settlement would mean that "Owen can be cared for in the way he needs, for the rest of his life".

She added that she still feels angry that "simple mistakes" led to Owen's condition.

It is understood that Sally had been nearly 12 hours in labour even though it was her first baby.

Paul Farendon, the Trust's Chief Executive said: "We are pleased that the High Court has approved the settlement agreed between the parties.

"The Trust wishes Owen and his family all the very best for the future."

Mandy Luckman, a medical negligence specialist at Irwin Mitchell, who represented the family said that "thanks largely to both Owen and Sally's personal determination", he has "amazed the medical experts who predicted he would never be able to walk".

The settlement - which includes a lump sum of £2 million - will be followed by annual payments.

It is reported that the nine-year-old is now "thriving" in a mainstream school, Sledmere Primary in Dudley. However, he will need specialist care and support for the rest of his life.

Choreoathetoid cerebral palsy is characterised by slow, involuntary writing. In most cases, the condition is caused by brain damage that occurs during pregnancy or around the time of birth.

Owen's condition means he is unable to dress or feed himself properly and also has problems with mobility and balance.

(DS)

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