A MAN who sustained severe brain injuries at birth has won a settlement in excess of £20 million after Bradford Teaching Hospitals NHS Foundation Trust admitted his injuries could have been prevented with proper care.

The man, who does not want to be identified, was born via emergency caesarean at St Luke’s Hospital in the early 1990s. 

With signs of fetal distress, including an irregular heartbeat, a non-reactive CTG trace, and symptoms of infection such as his mother’s high temperature and vaginal bleeding, the labour continued without intervention.

It was only after significant delays that a caesarean section was eventually performed.

By then, he had suffered a severe brain injury, resulting in lifelong physical and cognitive impairments.

The Bradford Teaching Hospitals NHS Foundation Trust told the T&A it was "pleased that the court has approved the settlement in this case" and hopes it will "help the claimant and their family as much as possible”.

Now in his 30s, the man lives with cerebral palsy, scoliosis, and severe learning disabilities. He requires 24-hour care for all daily activities.

Judge approves substantial lump sum

A judge approved the settlement - which includes a substantial lump sum and annual payments to cover the man’s lifelong care needs, therapies, and specialist equipment - at a High Court hearing on Tuesday, November 19.

During the hearing, the judge praised the mother, describing her as remarkable for providing exceptional care under challenging circumstances.

The judge also noted that, while the settlement cannot reverse the man's disabilities, it will significantly enhance his quality of life.

Suzanne Munroe, Head of Clinical Negligence at Switalskis and the man's solicitor, said: “This was a challenging legal battle, but CRT’s mother, FRM, showed incredible strength and determination in securing the compensation needed for his care.

“The evidence presented, including videos and photographs of him engaging in therapeutic activities, clearly demonstrated his potential and the joy these experiences bring him. This settlement will enable him to live with greater independence and access the therapies that enrich his life.

"His mother hopes that by sharing her son’s story it will raise awareness about the importance of personalised and bespoke care and therapy for those who have sustained catastrophic, life changing brain injuries, and who live with the consequences of these failures in care for their whole lives."

The firm said the settlement was in excess of £20m, to include a lump sum to meet his immediate needs, as well as annual payments to meet his ongoing care costs.

Settlement will 'help to fund his ongoing needs'

The man's mother said: “For years, I tried to show that my son was capable of much more than what some experts believed, to demonstrate how he lights up during activities like hydrotherapy and the trips we used to take when he was younger. 

“Now, with this settlement, he can get the therapy he needs to live as full a life as possible. It will help to fund his ongoing needs and ensure that he has the very best quality of life considering the injuries he sustained.

“I am incredibly grateful to everyone that has supported us throughout this time but do have concerns around whether the trust has truly taken on board the impact that the failings in care have had on me and my son. 

“It has been such a long and exhausting journey to get here, and in the absence of an apology, I can only hope that lessons have truly been learnt.”

The man was represented at the approval hearing by Michael Mylonas KC of Serjeants’ Inn Chambers.