Trust to pay brain-damaged girl's family £21m

The Western Trust apologised for "the failings in the care provided to this family"

A health trust in Northern Ireland is to pay almost £21m to the family of a girl in what is thought to be one of the biggest medical negligence settlements ever in Northern Ireland.

The child suffered brain damage during an emergency Caesarean section and will spend the rest of her life as a wheelchair user.

Her family's solicitor has accused the Western Health and Social Care Trust of prolonging their agony by refusing to admit full liability until nearly 13 years after the child's birth.

In a statement, the Western Trust said it was "very sorry for the failings in the care provided to this family".

Solicitor Eoin Kearney says that until now, the girl's parents have had to deal with her complex medical needs with limited financial support

'Justice finally achieved'

Serious complications arose when the child's mother went into labour, and the family decided to sue the Western Trust over the delay in carrying out the Caesarean section.

The couple's daughter was left with cerebral palsy, which is a serious, lifelong disability.

The family wish to remain anonymous but, in a statement, the girl's father described the case as "long and emotionally draining".

The hospital at the centre of the case has not been identified.

The child suffered brain damage during an emergency Caesarean section and will spend the rest of her life as a wheelchair user.

The family's solicitor, Eoin Kearney, said the Western Trust could have made matters easier by admitting at an earlier stage that negligence caused the girl's brain damage.

They had only accepted partial liability, he said, until the case was about to go to trial.

"As is unfortunately all too common in these types of cases, this did not include any acceptance that the negligence caused the child to suffer brain damage," he told BBC News NI.

"The negligence arose out of a delay on the doctors' part in moving to an emergency Caesarean section when serious complications arose during the labour.

"Those complications were the child's heart rate dropping significantly and, at that stage, should have alert the doctors to the need to take evasive action which, unfortunately in this case, was delayed by around 15 minutes.

"The medical expert we engaged gave an opinion that had 15 minutes' delay not taken place, this child would not have suffered any brain damage."

Mr Kearney said the delay in the Western Trust admitting full liability meant that, until now, the girl's family had to look after her complex medical needs with limited financial support.

"Knowing the parents well as I do at this stage, I can say undoubtedly that the biggest moment for them was when the trust admitted full liability because that was a formal acknowledgement that their daughter had been wronged and that some justice had finally been achieved on her behalf," he added.

'Broader cultural issue'

Prof Deirdre Heenan is senior associate for the independent health think-tank, the Nuffield Trust.

Speaking to BBC Radio Foyle’s North West Today programme on Thursday, Prof Heenan said a delayed admission of responsibility highlighted a “broader cultural issue” within the NHS that has resulted in “prolonged agony” for a family.

“Unfortunately, this is not a one-off case and there is a broader issue here across the NHS, not just in Northern Ireland, about the culture within the NHS in terms of responses to mistakes, responses to litigation and responses to negligence case,” she said.

“It is all too common for these types of cases to wait on average over 10 years to settle, especially those concerning brain injuries because there is such a high burden of proof.”

Ms Heenan says something had to be done to “address the culture ” and has called for an independent administrative body to investigate claims to help expedite these types of cases.

In a statement, the Western Trust said: “We are very sorry for the failings in the care provided to this family and respectfully acknowledge the settlement that was reached, which will provide lifetime care.”

What is cerebral palsy?

Cerebral palsy is a group of disorders that affect a person's ability to move and maintain balance and posture.

It is caused by abnormal brain development or damage to the developing brain that affects a person's ability to control their muscles.

It is the most common motor disability in childhood.

The symptoms vary from person to person.

Someone with severe cerebral palsy might need to use special equipment to be able to walk, or they might not be able to walk at all and might need lifelong care.

A person with mild cerebral palsy might walk a little awkwardly but might not need any special help.

The condition does not get worse over time, though the exact symptoms can change over a person's lifetime.