Nottingham Post

Huge payout for boy left brain-damaged by tonsils operation

- By POST REPORTER

A TEENAGER left brain damaged after having his tonsils removed at a Nottingham hospital has won multi-millionpou­nd compensati­on from the NHS.

The boy was just under two years old when he went into the Queen’s Medical Centre for the operation, London’s High Court heard. But, in the aftermath of surgery, his brain was starved of oxygen, resulting in lifelong disabiliti­es, said barrister, Alison Mccormick.

The boy was born with kidney problems that caused a rare congenital form of diabetes, she told Judge Nicholas Cooke QC.

Ms Mccormick said that the boy, now in his early teens, suffered from behavioura­l, cognitive and some motor disabiliti­es. “He is never going to be capable of independen­t living or making a living, and will always need care,”

His parents look after him “seven days a week”, and his mother “hasn’t had an uninterrup­ted night’s sleep” since the operation.

Lawyers on the boy’s behalf sued Nottingham University Hospitals NHS Trust, alleging negligent medical care following the operation. And yesterday, after making a full admission of liability, the trust agreed to a settlement of the boy’s case that guarantees him financial security for life.

The trust’s barrister, David Balcombe QC, said the trust carried out an investigat­ion and admitted breach of duty about a year after the tragedy. The trust’s chief executive wrote a letter to the family “profoundly apologisin­g” for the “shortcomin­gs” in the care the boy received. Although no amount of money could fully compensate the teenager, the barrister said, “lessons had been learned” from the case. Paying tribute to the “very high level of commitment” shown by his parents, he added: “We wish this family well in the future.” Approving Judge Cooke the settlement, said: “No-one intended this to happen but happen it has. These parents have responded with courage and determinat­ion. Their son has the benefit of a loving famly, that is very obvious.

“Money cannot ever provide compensati­on for the real losses that have occurred but it makes things easier. I am very pleased that this matter has been resolved as it should have been and I wish the family well.”

Speaking to the parents, he added: “I hope you are now able to move on with your lives with the security that this settlement gives you.”

The settlement is confidenti­al but the boy’s disabiliti­es and future care needs mean it is bound to run into millions. The court heard he had a long life expectancy and the money would be used to fund all the care and assistance he would need in the years to come.

“He is never going to be capable of independen­t living and will always need care

Alison Mccormick

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