Payout for birth damage

Mr Burnham was born at Ketteringham General in 1980

A 23-year-old man who was brain-damaged at birth has been awarded almost £900,000 damages in London's High Court.

Barry Burnham, of Corby, Northamptonshire, a twin, suffered acute brain damage when he was starved of oxygen as he was born at Kettering General Hospital in November 1980.

His twin was born fit and healthy, but Mr Burnham emerged with signs of acute asphyxia.

The damage left him with severe learning difficulties and reduced powers of speech and movement.

Mother's devotion

Lawyers on all sides on Monday paid tribute to Mr Burnham's strength of character and praised the devotion of his mother, Brenda Coull, who has dedicated herself to his care.

Counsel for Leicestershire, Northamptonshire and Rutland Health Authority, Benjamin Browne QC, described Mr Burnham as a "friendly and sociable young man who has made the very best that can be made of his life - given the severe disabilities from which he suffers".

The court heard that £300,000 of the £875,000 agreed settlement would go towards buying and adapting a new home where Mr Burnham could live as independently as possible.

Damages were sought from Northamptonshire Health Authority as managers of Kettering General Hospital for the alleged mishandling of Mr Burnham's birth.

The settlement was agreed despite the health authority's continued denial that his injuries were the result of negligence.

Mr Browne told Mrs Justice Cox that had the case proceeded to trial there would have been a "complete denial of liability".

Without a penny

"The settlement reflects that state of affairs," he added.

Mr Burnham's counsel, Simeon Maskrey QC, acknowledged the case had been settled at "significantly less" than had originally been claimed because of the "significant litigation risk" involved in the case.

Approving the £875,000 settlement, Mrs Justice Cox commented that, had the case proceeded to trial, there was "a significant risk that the claim would not succeed" and Mr Burnham would have gone without a penny.

The health authority will also pay the family's legal costs.