£3.5m award for birth damage

The money will be used to care for Gareth in the future

An 11-year-old boy has been awarded £3.5m in damages after he was left severely disabled due to a lack of oxygen at birth.

Gareth Soper, from Pontwalby, Glynneath, developed cerebral palsy following complications during delivery at the old Neath General Hospital.

The out-of-court settlement, one of the largest of its kind, was approved by the High Court sitting in Swansea on Friday.

His parents, Gillian and William Soper, said the award was not a cause for celebration but would help ensure Gareth received the care he needed in the future.

It will mean they will be able to afford round-the-clock care for the first time.

Gillian and William Soper have cared full-time for Gareth

Both have been unable to work since Gareth was born on 25 November 1992, devoting their time to caring for their first-child.

After the hearing before Judge Graham Jones, Mrs Soper said: "Obviously Gareth has now got money to be cared for and if he needs extra help the money is there.

"It won't compensate for what happened. That should never ever have happened.

"It's been really hard at times. Hopefully it will now start to get easier for us."

Much of the settlement will go towards paying for Gareth's future care.

His family have bought a new house in the Aberdare area which they are having specially adapted to meet his needs.

Gareth uses a wheelchair which he controls with movements of his head.

He speaks using a computer, has epilepsy and is susceptible to illness.

There was a failure on the part of the persons who then managed the hospital and the staff to properly manage Gareth's birth Judge Graham Jones

Mr Soper said: "He is a very happy boy. He is intelligent which is why he needs the money to get what he needs."

Gareth is in mainstream education at Maes Marchog Primary School at Banwen, Neath Valley, although he is in a class one year behind pupils of his age.

Hospital managers admitted that Gareth and his mother did not receive the proper care and attention during her pregnancy.

Their representatives met Gareth's solicitors at a mediation hearing before Christmas, where they agreed on a compensation figure.

Anne-Louise Ferguson, managing solicitor for Welsh Health Legal Services, placed on record an apology to Gareth and his parents.

"On behalf of the trust, we offer sincere apologies for Mrs Soper's treatment and do wish the family well for the future," she said.

Judge Graham Jones said the sum was a "proper and reasonable" settlement.

"The case is a tragic one. There was a failure on the part of the persons who then managed the hospital and the staff to properly manage Gareth's birth.

Paul Bennett: Trust has taken 'realistic view'

"That has tragically left him with very severe motor impairment."

After making the award, the judge then went to chat to Gareth to wish him well for the future.

Gareth's solicitor, Paul Bennett, said: "I'm very pleased for Gareth and his mother and father who have spent the last 11 years campaigning to resolve this matter.

"I think that the trust has taken a very realistic view from the outset.

"The majority of the award is reflecting the fact that he will need 24-hour care."

The case has taken 11 years to settle because it was not until Gareth was seven or eight years old that experts were able to properly assess his future needs.