Boy left brain damaged to get hospital payout
A nine-year-old boy who suffered catastrophic brain damage during his birth is in line for a seven-figure payout from the NHS after a settlement was approved at the High Court.
Logan Simms developed cerebral palsy that left him paralysed and in need of constant care as a result of complications during his delivery at Walsall Manor Hospital in May, 2004.
Logan's 41-year-old mother Stella launched legal action against Walsall Healthcare NHS Trust on his behalf, claiming delays during his birth at Walsall Manor Hospital were to blame. The trust denied liability as they fought the compensation claim.
But a top judge at London's High Court yesterday approved a compromise between the parties, with the NHS agreeing to pay 52.5 per cent of the full value of Logan's claim, which is likely to amount to millions of pounds.
Logan's legal team claimed if warning signs during the last stages of Logan's difficult birth had been brought to the attention of an obstetric specialist earlier, his injuries could have been avoided.
These symptoms included his irregular heartbeat.
The trust denied that mistakes were made.
After his birth, Logan, of Sandland Road, Willenhall, was immediately transferred to intensive care before he was discharged from hospital on June 23, 2004, according to documents filed in court by his lawyers.
He developed quadriplegic cerebral palsy and was left with no 'meaningful' range of movement, leaving him 'totally dependent' on others for care for the rest of his life.
Mr Benjamin Browne QC, for the NHS trust, praised the dedication of Logan's family.
He said: "It is quite clear that Logan has imposed a formidable burden on his parents – a burden that they have discharged with immense love.
"A consequence of that is that Logan has made advances which could not have been expected in his early days.
"I would, if I may, pay tribute to all three of them, on behalf of those for whom I act," he added.
Mrs Justice Swift also heaped praise on Logan's family before describing the compromise as 'entirely reasonable', adding: "It is in Logan's best interests to accept it."
Unless final figures can be agreed, the amount of Logan's damages will be assessed by a judge at a future hearing.
