Family of disabled girl born late lose multi-million pound legal battle - despite Wolverhampton's New Cross admitting failings
The family of a disabled girl born 30 minutes later than she should have been have lost a multi-million pound legal battle - despite New Cross Hospital admitting failings over the birth.
Megan Baynham was 10 weeks premature and weighed less than three pounds. She has cerebral palsy, learning difficulties and epilepsy.
Chiefs from the Royal Wolverhampton NHS Trust admitted Megan's birth was delayed by due to a 'fault in its systems'.
And judge Mr Justice Goss said at the High Court in London that, but for the negligence of medics, the girl would have been born 30 minutes earlier.
However, he ruled that damage to her brain had been caused when she was still in her mother's womb, leaving Megan's family uncompensated.
They have pledged to launch a vigorous appeal.
Family's solicitor Rankeshwar Batta said after the hearing: "My client's parents are understandably devastated at the outcome of what has been a long and very difficult legal process involving their beloved daughter who will remain significantly brain damaged for the rest of her life.
"An appeal will be lodged on their behalf in due course and they do not wish to therefore comment further at this stage.
"They wish to state they will vigorously pursue the avenue of appeal to the Court of Appeal."
Megan, now aged 14, was on life support for days after being born in August 2000.
Her mother Sarah Jane Baynham, of Enville Road in Warstones, Wolverhampton, was rushed to hospital after suffering a placental abruption.
But bosses failed to identify the problem quickly enough, causing a delay in Megan's birth.
Mr Justice Goss said in court: "I pay tribute to Megan and her family and the obvious love and care they have for each other.
"I recognise that this judgment will come as a great disappointment to them."
Megan had suffered grave brain damage by the time she was delivered at 12.40am - one hour and 15 minutes after arriving.
Mr Justice Goss ruled that she should have been delivered by 12.10am - but that the delay was not the cause of her brain damage.
The court heard that Mrs Baynham has two other children, Jack, 18, and Kallum, 16, both of whom were also born prematurely.
Dr Jonathan Odum, medical director at the Royal Wolverhampton NHS Trust, said: "This was a complex case.
"Following consideration of all the evidence the judge has dismissed the claim.
"We recognise that this is a very difficult time for the family."
Megan will need 24-hour care for the rest of her life.