Court awards Hampshire man damages against Portsmouth Hospitals NHS Trust

Posted: 19/04/2012

The Royal Courts of Justice has today approved a significant settlement of damages for ETS, a young Hampshire man who sustained severe brain injuries in the first few days of his life as a result of poor neonatal care at St Mary's Hospital in Portsmouth.

ETS was diagnosed with cerebral palsy at the age of nine months as a result of the defendant's negligence in the neonatal period. He has also developed an autism-spectrum disorder with behavioural difficulties.

ETS was born prematurely and was nursed in a ventilator in the Special Care Baby Unit as his lungs were not developed sufficiently. His condition deteriorated significantly and, when his medical records were made available, it was discovered that the cause of this had been a blockage in his ventilation tube. The neonatal team's failure to recognise and act upon it before ETS had been starved of oxygen caused his brain injury.

Through his Litigation Friend, ETS brought proceedings against Portsmouth Hospitals NHS Trust, claiming that the neonatal care he received was negligent and this was the cause of his brain injury. The proceedings were issued in April 2009. Liability was contested by the defence but the defendant NHS Trust was ultimately willing to enter negotiations to try to reach a settlement. The parties subsequently agreed to compromise the claim and judgment was entered for ETS with damages to be assessed. The agreement reached through negotiation was that ETS would receive 85% of those damages.

After the liability agreement was reached, the defendant NHS Trust made an interim payment sufficient to purchase a home and to start providing for an independent care package for ETS. Following a 'without prejudice' discussion between the parties to the claim, a financial settlement was agreed. The settlement is significant and comprises of a lump sum and annual periodical payments for ETS' ongoing support and therapy needs.

ETS was represented in the litigation by his parents, with his mother acting as his Litigation Friend. Following settlement, they said: "We are relieved that the case has concluded and that ETS can fund the support and care that he will need for the rest of his life to maximise his independence. However, no amount of money will make up for what he has lost out on and the impact of his injuries on him and our family."

Alison Johnson, an associate in the clinical negligence team at Penningtons, acted on ETS' behalf and said: "I am delighted with the settlement that has been achieved for ETS. The positive difference that it will make to him for the rest of his life can never be underestimated. It has been a real pleasure to work with his family and I thank them for their support and assistance throughout the litigation."

Contact: Alison Johnson
Related services: Clinical negligence

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