£1.3m damages for unwanted birth

Gail Taylor must give son John constant care

A woman has won record compensation of £1.3m for an unwanted birth following a failed sterilisation operation.

Gail Taylor sought compensation from Shropshire Health Authority after she gave birth to a severely disabled son.

Gail has suffered dreadful pain and anxiety due to the failed sterilisation and almost died following John's birth

Richard Follis, family solicitor

She became pregnant seven months after undergoing the operation at Oswestry and District Hospital.

Her decision was prompted by problems during previous births.

Her son John was born mentally and physically disabled, suffering from autism, epilepsy and severe asthma. He requires constant care and attention.

In a written judgement, Judge Anthony Nicholl said the award took into account loss of earnings during the pregnancy, the cost of looking after John and compensation for the pain and suffering caused by the negligent operation.

The judge added: "Mrs Taylor has had to devote her life to the care of John.

"Her need to do so is a reasonably foreseeable consequence of the failure to sterilise her and the subsequent birth of a severely handicapped son."

Dreadful pain

John is severely disabled

Commenting on the award, Mrs Taylor's solicitor, Richard Follis, said: "Gail has suffered dreadful pain and anxiety due to the failed sterilisation and almost died following John's birth.

"The award reflects the great expense she will have to meet in giving adequate care to a lovely boy whose needs are great and whose life must be made comfortable."

There has been three or four times when I wanted to give up but the thought of John kept me going

Gail Taylor

Mrs Taylor said she was amazed at the amount of money awarded to her.

She said: "My hopes are that John's going to have a good future. It will make things a lot easier and John's life a lot happier."

She said that the first thing she would buy was a laptop computer to help with his learning needs and added that they would move from their home in Hadley to a "nice house with a garden".

But she criticised the health authority for letting the case come to court.

"It's been dreadful and very stressful. I have been on medication. It has been awful.

"There has been three or four times when I wanted to give up but the thought of John kept me going."

Mrs Taylor's court case against the health authority began in 1992 and Mrs Taylor says she needs the money to raise her son, now aged 10, until he is 18.

Women who become pregnant after being sterilised usually receive in the region of £200,000, but Mrs Taylor argued that she needed much more so she could be at home for her son and be able to give him a one-to-one teacher.

Shropshire health authority admitted liability for the pregnancy but the two sides failed to reach agreement on compensation despite months of negotiation.

A High Court judge ruled last year that consultant gynaecologist David Redford had been negligent in carrying out the operation, though he was a competent surgeon.

Another of Mrs Taylor's sons died last year from a brain disorder.

The judgement was made by Birmingham High Court on Thursday morning.