Girl left seriously disabled after blunders at Northampton General Hospital wins multi-million compensation claim
A YOUNG girl has been awarded a multi-million pound settlement after an accident at Northampton General Hospital during her birth left her blind and only able to feed through a tube.
Hannah Louise Gudd, aged 10, was left with cerebral palsy so severe it has cost her her sight and she will never be able to eat solid foods, after she was starved of oxygen in the womb during her birth at the hospital on April 1, 2001.
She has now sued the hospital, through her mother Emma Gudd, from Dodford, near Daventry, claiming that negligence by hospital staff was to blame for her devastating injuries.
NGH had already admitted liability for what happened but, at a trial at the High Court in London yesterday, Margaret Bowron QC, for the trust, said a settlement had been agreed.
She said Hannah will receive a £1.15m lump sum, plus annual, index-linked and tax-free payments to cover the costs of her care for as long as she lives.
Revealing more details of the award, Simeon Maskrey QC, for the family, told the judge that as well as the lump sum, Hannah will receive £135,000 each year until 2019, and £225,000-a-year thereafter for the rest of her life.
Based on the average life expectancy of Northamptonshire women of 82 years, the payment throughout her life could have been £19.8m, but the court heard that, as well as being severely disabled, Hannah’s life expectancy has been severely reduced by her catastrophic injuries.
None of the money will come directly from NGH funds because, like all NHS hospitals, the hospital pays into an insurance-style scheme to protect trusts from going bust following this kind of accident, of which there are about 100 each year across England and Wales.
Miss Bowron said: “The trust is delighted that this claim has been compromised. Hannah suffered terrible injuries at the time of her birth, for which the trust has expressed its deep regret, and we repeat that today.
“This settlement should bring her financial security and hopefully bring peace of mind to her loving and devoted parents. We wish to extend our best wishes to them,” she added.
Mr Justice Lang also praised Mr and Mrs Gudd’s selflessness displayed throughout their daughter’s life.
Mrs Justice Lang said: “I pay tribute to the parents for the devoted care they have provided. I am satisfied that it is appropriate for Hannah to accept the lump sum and the periodical payments that have been offered by the defendant. I approve the settlement.”
Parents express relief at outcome
HANNAH’S Gudd’s parents expressed relief after yesterday’s court hearing at the end of their seven-year attempt to claim the cost of their daughter’s ongoing care.
In a joint statement, her mother, Emma, and father, who did not want to be named, said: “We are greatly relieved to finally reach the end of this legal process. The settlement reached will ensure a safe and caring environment for Hannah. No amount can compensate Hannah for the injury she has suffered. The settlement will enable the house to be adapted for Hannah’s needs, provide for specialist equipment and for her extra ongoing care requirements.
“Our sincere thanks go to our legal team for their support over the last seven years.
“We could not have achieved this outcome for Hannah without such dedicated and professional assistance.”
Hannah’s solicitor, Gary Williams said outside court: “The settlement reached will ensure a safe and caring environment for Hannah. No amount can compensate Hannah for the injury she suffered.”
But yesterday, solicitors expressed worry that such successful actions on behalf of genuinely damaged NHS patients will be curtailed after upcoming changes in the law.
Carolyn Lowe, of Abington-based solicitors Henman LLP, said: “Unfortunately the Government is considering removing all clinical negligence claims from the scope of legal aid, which will mean bringing these types of deserving claims on behalf of severely damaged, vulnerable children will now become very difficult.”
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Saturday 26 May 2012
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