Belfast Telegraph

£5m damages for girl (9) seriously injured at birth

- BY ALAN ERWIN

A NINE-year-old Co Down girl who suffered devastatin­g injuries at birth is set to be awarded more than £5m in damages.

The child, who cannot be identified, has severe cerebral palsy after being starved of oxygen to the brain when she was born at the Ulster Hospital, Dundonald.

Her family sued the South Eastern Health and Social Care Trust for alleged medical negligence.

Following a lengthy legal batand tle, it was confirmed at the High Court in Belfast that liability was not to be contested.

The payout confirmed as part of the settlement reached is believed to be one of the biggest of its kind in Northern Ireland.

Lawyers representi­ng the girl brought a claim over the procedures and actions during her birth in 2008. Due to her condition she now has a limited life expectancy, they confirmed.

A package of care arrangemen­ts had to be approved by the court before the case was finally resolved yesterday.

That will include a lump sum payment and further periodical instalment­s for the rest of her life.

According to the family’s solicitor, Matthew Fitzpatric­k of the Robert Sinclair law firm, the total level of damages is expected to top £5m.

Mr Fitzpatric­k insisted the money will ensure their daughter receives proper care.

“This isn’t a lottery win for the family, it’s very small recompense for what they have gone through,” he said. “They were failed at the birth of their child, this had massive repercussi­ons on the wider family circle.”

Mr Fitzpatric­k also disclosed how his firm had used modern techniques in the case.

“We obtained a video diary of the everyday difficulti­es the family faced, and this has helped in keeping their stress to a minimum,” he added.

“Before evidence was finalised we also took a proactive approach in securing an interim payment of £500,000 to assist in this girl’s immediate needs and relieve some of the family’s stress.”

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