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Friday, December 3, 2021

Alder Hey NHS Trust must pay boy £27m over brain injuries


A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.

The boy, who has not been identified but is now 13 years old, began having seizures as a toddler more than a decade ago.

In a written ruling, the details of the settlement reached between the boy’s father and Liverpool’s Alder Hey Children’s NHS Foundation Trust were made public.

Mr Justice Fordham of the High Court called it a “sensible settlement.”

The trustees admitted “breach of duty” and “cause of loss and damage,” according to the judge.

According to the verdict from the hearing in Manchester, the boy had a seizure on September 19, 2009, when he was 17 months old, and was taken to Alder Hey Children’s Hospital.

He had a second seizure in the emergency room, which was witnessed by medical personnel.

The boy was discharged and, despite returning to the hospital, was not diagnosed with a virus until September 24.

‘Breach of duty’

“He sustained catastrophic brain injuries that resulted in profound impairments and intractable epilepsy,” the judge stated.

“As a result of this, the defendant admitted breach of duty.”

Except for one disputed point, the defendant admitted loss and damage causation.”

According to Mr Justice Fordham, the trust’s case was that the boy would have always had a “mild residual cognitive deficit and epilepsy in any event,” and causation was “still in dispute.”

According to the judge, the boy now has “very significant care needs” and will require 24/7 care from caregivers for the rest of his life, as well as modified housing and specialist medical therapies and equipment.

According to the settlement, the boy will receive a lump sum as well as periodic payments for the rest of his life, with the “overall capitalised value” of the award worth approximately £27.3m, according to the judge.

The evidence showed that the boy was a “healthy toddler” who was developing normally, according to the ruling.

The judge stated that he had read about how “each member of the family’s” world had been “turned upside down.”

“I’ve learned about how mum and dad came to operate as a ‘tag team,’ so that one of them was always with [the boy].”

He claimed that lawyers told him about “how mum and dad had to cope with these most traumatic events,” and that they had responded by meeting their son’s needs on their own.

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