16 May 2014
NHS Compensates Brain Damaged Boy
The NHS has compensated a boy who suffered serious brain injuries as a result of mistakes made during his birth.
Bradley Kendall was delivered at the Jessop maternity unit in Sheffield 14 years ago. However, he sustained a permanent injury to his brain when he was born three months ahead of his expected due date. As a result, he has been left with impaired cognitive functions, as well as mild spastic diplegia, the Star reports.
Bradley's family held staff at the maternity unit responsible for the injuries and therefore opted to take legal action against Sheffield Teaching Hospitals NHS Trust.
The amount of brain injury compensation being paid has not been disclosed, but it is understood the settlement is worth millions of pounds. A lump sum interim payment will be awarded initially, while index-linked and tax-free payments will be issued on an annual basis in subsequent years. This will cover the costs of the specialist care Bradley will be required to receive in the future.
Commenting on the outcome of the case, Judge Juliet May QC said, "I am quite satisfied that this is a settlement that is in the interests of the claimant."
Benjamin Browne QC, the barrister for Sheffield Teaching Hospitals NHS Trust, added that the settlement is an accurate reflection of the "strength of the parties' case, but will undoubtedly produce proper provision for Bradley in the long term".
He confirmed money will be available to fund his care and case management requirements for the rest of the boy's life.
Mr Browne went on to describe Bradley as a "very charming young man" and said this has been apparent in his reports and witness statements.
Nevertheless, he pointed out that while he is a source of considerable joy to his parents, his disabilities have still "imposed a formidable burden of care upon them".
Mr Browne added that they have discharged this burden with "cheerfulness and great affection for their son".
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