Disabled girl wins £17m payout after delay at birth

A“COURAGEOUS” girl has been awarded a compensation package worth almost £17m after being born with disabilities at a Welsh hospital.

After the settlement of her claim was announced, the girl told High Court judge Mr Justice Spencer, that all she wanted was for the Covid-19 crisis to end so she can go back to school.

Betsi Cadwaladr University Health Board admitted there was a negligent delay in her delivery at Wrexham Maelor Hospital.

The girl, who is now approaching her teens, was left suffering from quadriplegic cerebral palsy, but the court heard during a remote hearing via Skype that it had not stopped her making the most of her life.

Approving the settlement, the judge said: “I cannot leave this case without paying tribute to a delightful young lady of great ability, potential and courage.”

There was a dispute over whether the admitted delay in the girl’s birth caused her lifelong disabilities, so the case was settled on the basis of 80% liability.

Together with a lump sum of £7,150,000, she will receive index-linked annual payments to cover the costs of her care for the rest of her life.

They will start at £64,000 a year, until she is 19, before rising to £132,000 when she reaches the age of 45.

From then onwards she will receive £192,000 a year.

Her barrister, Jonathan Hand QC, said the overall, capitalised value of the settlement was £16.79m.

NHS counsel, Alexander Hutton QC, said: “This is a very substantial sum and there has been flexibility on both sides in reaching an appropriate figure.”

The trust was “very pleased” a settlement had been reached and offered its “sincere apologies” for the “unacceptable delay” in the girl’s delivery.

The barrister added: “She is a very remarkable girl. She is extraordinarily determined and talented and has achieved great things.

“Her parents are no doubt proud of her, but they should also be proud of themselves for all that they have done for her.”

Mr Justice Spencer said he was “humbled” by the loving and devoted care the couple had lavished upon their daughter, who can not be identified for legal reasons.

Speaking to the girl and her parents over the video link, the judge added: “I wish you all the best as you tackle the future together.”

During a conversation with the judge, the girl, who is at home during the Covid-19 pandemic, told him: “I can’t wait to go back to school.”