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Negligence Admitted by NHS in Brain Injury Case after 13 Years

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Clinical Negligence lawyers have this week welcomed one of the biggest payouts in history for a brain damage case.

The case was highlighted by The Mirror newspaper after the family sued the Trust in the High Court and a settlement in the region of £20million has now been made by the East Kent Hospitals University NHS Foundation Trust.

The little boy, now aged 13 years, suffered severe brain damage from a failure to treat low blood sugar (hypoglycaemia) when he was a new born baby.  The Trust admitted that they failed to follow their own protocol to monitor and appropriately manage glucose levels following birth, and that further checks should have been undertaken to ensure that their baby was maintaining his temperature following his transfer to a hot cot.

It took 13 years for the Trust to apologise to the parents of the child.  

Speaking after the award the parents said: “Finally somebody was taking the blame for Ben’s condition – something we have punished ourselves for thinking we were responsible for.
“No amount of money will fix this as Ben’s life has been ruined. But what is more scandalous is how they’ve sat on it for years.”

At one stage the trust had written to the family’s lawyers falsely claiming they’d taken their child home against hospital advice.

Pearson Medical Negligence Solicitors welcome this award for compensation as it means care for life will now be provided.

Janet Dunkerley, who deals with all potential clients who look to make a medical negligence case said: “We deal with this type of high cost case on a daily basis and although it may seem an enormous amount of money this is the appropriate amount that will be required to ensure care for the child for the rest of their natural life”.  

•    For advice on your medical negligence claim contact Janet on 0161 785 3500 or email

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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