Page last updated at 16:56 GMT, Wednesday, 31 March 2010 17:56 UK

Essex NHS trust must pay brain-damaged boy 1.75m

Colchester General Hospital
Colchester General Hospital admitted 80% liability at the High Court

The parents of a brain damaged boy from Essex have been awarded £1.75m compensation by the High Court.

Kyle Burch's brain was starved of oxygen during the latter stages of his birth at Colchester General Hospital in July 2001.

The eight-year-old from Lawford now has severe cerebral palsy and epilepsy.

His parents Tracy and Danny Burch alleged negligence in failing to ensure a sufficiently prompt delivery. The hospital trust accepted 80% liability.

Lawyers for both parties had settled the level of liability during negotiations last June.

Secure future

Mr Justice Owen told Kyle's parents that their son had suffered a "grave misfortune" at his birth.

He added: "But he has the very great fortune of having parents like you.

"You have unquestionably made a huge difference to his life and you can at least now know that in financial terms his future is secured."

Barrister Robert De Navarro apologised on behalf of Colchester Hospital University NHS Foundation Trust for the delay to Kyle's birth, which he said amounted to a "breach of duty".

Kyle can neither walk nor talk and has recently undergone two hip operations.

The settlement will cover the cost of his care for the rest of his life and pay for a new family home to be adapted for his needs.



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