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Last Updated: Wednesday, 27 February 2008, 12:38 GMT
Brain damage boy awarded 5.4m
John Radcliffe Hospital
Daniel Godfrey was born at John Radcliffe Hospital
A "sparky young man" who suffered serious brain damage at birth has been awarded 5.4m in damages.

Daniel Godfrey, 12, from Middleton Stoney, Oxfordshire, was not breathing when he was born at the John Radcliffe Hospital in Oxford, in April, 1995.

His lawyers claimed that if he had been delivered earlier, Daniel would not have developed cerebral palsy due to acute oxygen starvation.

Oxford Radcliffe Hospitals NHS Trust, admitted liability in July 2004.

Daniel was at London's High Court with his parents Stephen and Tina on Wednesday.

His barrister, David Melville QC, told Mrs Justice Cox that, despite his disabilities, Daniel was a "lovely looking child with a fabulous sense of humour".

We will not be celebrating, just concentrating on doing the best for our much loved son
Tina Godfrey, mother

He has a normal life expectancy, is able to use most forms of assistive technology but is unlikely to ever get paid work and will always require 24-hour assistance.

The judge approved the settlement which involves a 2m lump sum plus annual payments of 50,000 until he is 25 and 120,000 from that point for the rest of his life.

She said: "He is a lively, personable and sparky young man with a zest for life."

After the hearing, Daniel's mother welcomed the pay-out.

"After a tough 10-year battle, this award will give Daniel security for the rest of his life," she said.

"It will never compensate fully for his avoidable injury and his daily struggle to achieve the most mundane tasks.

"We will not be celebrating, just concentrating on doing the best for our much loved son and the rest of our family."

Stephen Miller QC, representing Oxford Radcliffe Hospitals NHS Trust, wished Daniel the best for the future and said the trust will to write to Daniel to apologise.

In a statement he added: "The trust hopes that the award made will assist Daniel in leading a fulfilling and active life."



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