A couple were today set to receive £1.5 million to care for their son after claiming a hospital caused catastrophic injuries to him when he was born.

Lyndon and Jacky Newton were due to appear at the High Court in London today to have an out-of-court settlement rubber-stamped.

Mr and Mrs Newton, of Eastburn, near Keighley, have been fighting a campaign for justice ever since their son Harry, now 12, was born with severe spastic diplegic cerebral palsy.

The couple claim Harry's illness, which has left him unable to walk or stand up by himself, was due to poor treatment given by staff at Dryburn Hospital in Durham where the youngster was born.

Mrs Newton, 52, of Vincent Avenue, was 30 weeks pregnant and on holiday with her husband in the north-east when she was admitted to the hospital after her waters broke in September 1990.

Two days after admission she developed an infection, which lawyers acting for the family claimed was in her uterus and very serious.

Their solicitors, clinical negligence specialists Boyes Turner, argued the hospital should have arranged an early delivery but Harry was delivered normally.

Shortly after the birth Harry was diagnosed with the illness and the couple claimed the injury was caused because of an unacceptable standard of care during Mrs Newton's pregnancy, labour and delivery.

Despite the defendants, County Durham and Darlington Health Authority, denying liability throughout, the case was settled three weeks before a trial was set to begin after 18 months of legal wrangling.

In a joint statement Mr and Mrs Newton said: "It has taken us nearly 13 years to achieve this conclusion and it has been a long struggle with many setbacks.

"We have had to battle for everything that Harry needed. Although this is not the outcome that we would have desired, at least it is now at an end.

"Our solicitor Susan Brown has fought tirelessly for Harry and we are extremely grateful to her for all the support she has given us.

"Also without the love and support of our family we would not have got this far, and we now hope that we can get on with our lives and move forward."

Boyes Turner partner Susan Brown, who has managed the case, said: "All cerebral palsy cases are tragic but this case was particularly difficult because of the complex medical issues involved in proving liability.

"In the end the parties have reached what seems to be a sensible settlement, without putting Mr and Mrs Newton through the distressing experience of a trial which would dwell on the detail of their son's injuries.

"The award will go some way towards providing the extensive and continuous care that Harry will need for the rest of his life, and it is hoped that it will enable Harry to achieve his full potential."

She said the settlement has to be accepted by the High Court because a young boy is involved.