GHA settles £10.5m claim after baby sustains severe brain injury

The GHA has settled for £10.57m in a claim brought by the mother of a newborn baby who suffered a severe brain injury after being discharged from St Bernard’s Hospital.

The claim centres around the treatment received by the baby at St Bernard’s Hospital over a decade ago.

At the time the infant, identified as Y, was 11 days old and after vomiting twice was taken to A&E by his parents.

The infant was seen by a doctor who advised the parents to change his formula feed.

The court heard how there is dispute as to what other discharge advice the parents received but the parties agreed that at that time the infant had a salmonella infection in his gut.

Four days later, the infant was taken again to A&E but by this point the salmonella infection had spread from his gut into his bloodstream and then into his brain.

This resulted in the infant sustaining a permanent brain injury, which means that he is severely disabled and will never be able to lead an independent life.

A seven-day trial was scheduled in court but the parties settled beforehand.

The settlement has been entered into by the GHA without any admission of liability in respect of the claim. A further £430,000 of costs has been agreed.

The £10.57m settlement is in the form of a lump sum order.

“In my view, that proposed settlement is plainly reasonable, in Y’s best interests, and in the interests of justice,” Puisne Judge John Restano said.

Mr Justice Restano said this was a complex case and thanked the lawyers for reaching a settlement and “also for the clear and helpful way in which the case has been presented throughout.”

“The conclusion of this litigation does not resolve the problems that Y and his family will face given Y’s condition,” Mr Justice Restano said.

“No amount of money can turn back the clock.”

“I hope, however, that these damages will go some way to helping with Y’s care and support, and that his life and that of his family will be a little easier.”

“I wish Y and his family the very best for the future.”

Andrew Cardona and Callum Smith represented the claimant.

Ian Winch appeared for the GHA.