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A mother has won a 12-year battle for compensation against a hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.
The toddler, now a teenager, was left wheelchair-bound as a result of the operation in Alder Hey Children’s Hospital in 2012, with lawyers claiming the child was starved of oxygen.
A settlement has now been reached between the NHS Litigation Authority, which handles claims against the NHS for negligent care, and the family.
The overall compensation is yet to be finalised but an initial lump sum payment of £10.4 million has been agreed with additional payments of more than £400,000 per year to pay for ongoing care, the mother’s legal representatives had said.
The total damages could reach £20 million.
The trust that manages the Liverpool-based hospital has also apologised for the “failings in care”.
The mother said: “Ever since that day, my child has had to go to countless appointments, see countless therapists and doctors and specialists, and will do for the rest of their life. I am traumatised and exhausted, and I am on the defence all the time.
“I can’t cut any of them any slack after what happened 12 years ago. Twelve years is such a painfully long time.”
She also hit out at the process of claiming compensation through medical negligence claims.
She added: “It takes years and this length of time is not good enough. Parents commit suicide, marriages break down, they’re often too frightened to have more children. All because of how long it takes to get justice for your child, and how hard that is to achieve.”
The money will finance the teenager’s 24-hour care for the rest of their life, as well as their ongoing education, equipment and therapies, the family’s lawyers said.
The compensation will also be used to buy an adapted motorhome, as well as the creation of a home hydrotherapy pool.
The identity of the child is protected by a court order, with information on their condition and sex held back.
Helen Lewis, principal lawyer at law firm Slater and Gordon, which represented the family, said: “This family’s life was ripped apart through negligent surgery, and now they have received the settlement which gives them the reassurance that their beloved child will be looked after for the rest of their life”.
Ms Lewis added: “We have fought hard to ensure that our client is able to access everything they deserve and are pleased to have secured this very significant settlement. This will enable the family to look to the future after what has understandably been a very difficult and traumatic time.”
A spokesperson for Alder Hey Children’s Hospital said: “We hope that the recent settlement will provide this child and her family with some comfort and reassurance for the future and help with the support that needs to be put in place.
“We are very sorry for the failings in care in this case back in 2012 and have since reviewed and made changes to the systems and process we have in place.
“We will continue to learn and make improvements wherever we can to further enhance the standard of care we provide.”
