Brain damaged boy awarded £1m (From The Wiltshire Gazette and Herald)

Brain damaged boy awarded £1m

9:09am Wednesday 9th May 2007 in Swindon By Gazette Reporter

A six-year-old boy left brain damaged after he was struck down by an infection following his birth at the former Princess Margaret Hospital has won a £1m payout.

Ashton Hopkins, of Park Way, Hungerford, was awarded compensation for his injuries in London's High Court yesterday.

The boy succumbed to a devastating neo-natal infection, which was transmitted via his mother Zoe, within days of his birth at the town's old hospital in September 2000.

PMH closed two years later when the Great Western Hospital was opened in December 2002.

The Hopkins' QC, John Grace, said medical staff failed to recognise that Ashton was suffering from the infection until it was too late, in spite of warning signs, such as a raised temperature.

Ashton's case was settled in the High Court and, although the payout figure was kept confidential, it is understood to be well into seven figures.

Mr Grace QC told top judge, Mr Justice Eady that had antibiotics been administered sufficiently early on, all would have been well.

Instead, Ashton suffered profound brain damage, the court heard, causing severe and lasting disabilities.

Ashton's case reached court as Mr Justice Eady was asked by his lawyers to approve the settlement, which will ensure the boy's future care needs are met.

His family, whose devotion to Ashton's care was commended by all sides in court, had sued Swindon and Marlborough NHS Trust, which admitted liability for his injuries.

The judge approved the settlement, which for the time being takes the shape of a lump-sum payment, plus annual periodical payments throughout his life.

The precise terms of the settlement will not be known until the outcome of an Appeal Court hearing concerning the appropriateness of periodical payments.

Mr Justice Eady said that the one redeeming feature in the case was the devoted care given to Ashton by his mother and family.

He had no hesitation in approving the settlement.

Margaret Bowron QC, for the NHS Trust, said that she could only marvel at the care lavished on Ashton by his family.