Although sums in compensation paid to victims of serious clinical negligence may appear very large, they are no more or less than are needed to fund a lifetime of professional care. The point was made by the case of a 10-year-old boy who received an NHS compensation package worth almost £27 million.
The boy sustained a catastrophic brain injury at or around the time of his birth. Due to learning and behavioural difficulties, he is never expected to attain the mental capacity required to manage his own affairs. Surgery to render his intractable epilepsy more manageable had sadly left him with much-depleted vision. Despite the severity of his condition, his life expectancy is estimated at 76.
Even before proceedings were formally launched, the NHS trust that ran the hospital where he was born conceded liability. It admitted negligence both in his mother’s ante-natal care and in relation to a delay in his delivery. Following negotiations, a final settlement of his claim was agreed.
Together with a lump sum of £7.5 million, the settlement meant that he would receive annual, index-linked payments to cover the costs of his care and case management for life. Those payments would start at £210,000 and rise to £280,000 when he reached the age of 19. Given his relatively long life expectancy, the overall capitalised value of the settlement was calculated at £26,995,000.
In approving the settlement, the High Court noted that, although the sums involved might appear high, every penny would be needed to meet the boy’s extensive care needs. With the assistance of £1.47 million in interim compensation payments, steps had already been taken to put a professional care regime in place and to purchase a more suitable home for the boy and his family. The Court praised his parents, who had made many personal sacrifices and looked after him with enormous devotion.