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Payout for girl, 9, after traumatic birth



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Published Date: 09 May 2008
A Worksop girl facing a lifetime of acute disability after her traumatic birth at Bassetlaw Hospital won an apology - and a substantial payout - at London's High Court on Tuesday.
Lekisha May Brown, now aged nine, of Featherston Avenue, is afflicted by severe cerebral palsy.

She can barely move, and communicates only through incoherent sounds due to brain damage suffered during delivery.

But after a nine year legal battl
e her family have finally been compensated despite the hospital refusing to accept liability.

“No money or words will ever compensate for the fact that Lekisha is so severely disabled,” said Caitlin Delaney, Irwin Mitchell solicitor, who represented the family.

“The compensation will be held by the Court of Protection solely for Lekisha’s long-term care needs which she will need for the rest of her life.”

Lekisha, who will require 24-hour care for life, was not in court as her parents heard top judge, Mr Justice Eady, approve a final settlement of her case, which he declared to be “in her best interests”.

Lekisha, through her mother Carrie, sued the Doncaster and Bassetlaw Hospital Trust, alleging mismanagement of her November 1999 delivery.

Her QC, Simeon Maskrey, said it was the family’s case that the hospital crucially delayed in rushing through an emergency caesarean delivery that could have avoided profound brain damage she suffered.

But the Trust denies liability, said the QC, maintaining it conducted the delivery “with appropriate care and despatch – and that Lekisha could not reasonably have been born earlier than she was”.

Given the Trust’s continued denial of liability, Mr Maskrey said “litigation risks” had been taken into account in agreeing the settlement.

Although the amount of Lekisha’s payout was kept confidential, it is likely to be substantial, given the severity of her injuries. Millions of pounds have been awarded in similar cases.

The Trust’s QC, Neil Block, said a letter of apology had been sent to the family, although he reiterated that there had been no admission of liability.

It was a “matter of profound regret” that Lekisha had been born with such severe disabilities, said the barrister, who also paid tribute to the care and commitment lavished on Lekisha by her parents.

“One cannot help but stand back and admire what Mr and Mrs Brown have done for her,” he said.

Mr Maskrey told the court the settlement would take the form of a lump sum payment, which will be devoted to covering the costs of Lekisha’s on-going care.



The full article contains 426 words and appears in Worksop Guardian newspaper.
Page 1 of 1

  • Last Updated: 07 May 2008 6:04 PM
  • Source: Worksop Guardian
  • Location: Worksop
 
 
  

 
 


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