£9 Million Compensation for Brain-Damaged Twin

The parents of a young girl who suffered severe brain damage as a result of a lack of oxygen during her birth have secured a settlement worth £9 million in compensation for her injuries.

Amy Smith, now 8 years old, was born twenty minutes after her twin sister at the Northwick Park Hospital in West London. The delay caused oxygen starvation to her brain with the result that she suffers from cerebral palsy and learning difficulties. Her condition is such that she will require constant care for the rest of her life. In particular, she has very little sense of danger, which means she has to be watched over at all times.

The Hospital accepted that it had been negligent in its treatment of Amy. Had she been born 15 minutes earlier, the damage to her brain could have been avoided.

Amy’s parents brought a personal injury claim on her behalf. A settlement in compensation was agreed at a hearing of the High Court, which ordered a lump sum award of £3.29 million and annual index-linked payments for the rest of Amy’s life. The money will enable her parents to make alterations to the family home to accommodate Amy’s needs and to pay for the round-the-clock care she requires.

Medical negligence claims against the NHS are handled by the NHS Litigation Authority. In 2009/10, 6,652 claims of clinical negligence and 4,074 claims of non-clinical negligence against NHS bodies were received by the Authority. This compares with 6,088 claims of clinical negligence and 3,743 claims of non-clinical negligence in 2008/09.

£787 million was paid out in connection with clinical negligence claims during 2009/10, compared with £769 million in 2008/09.