Compensation over birth injuries

The High Court heard Oscar suffered catastrophic damage at birth

A boy who suffered near-fatal brain damage at birth because of a doctor's negligence has been given compensation which could run into millions.

Seven-year-old Oscar Riches would have been unharmed if he had been born by emergency caesarian, Mr Justice Holroyde heard at London's High Court.

But the delay at Eastbourne District General Hospital, East Sussex left the boy totally helpless.

East Sussex Hospitals NHS Trust agreed a payment of £1.1m and annual payments.

The court heard Oscar had catastrophic cerebral palsy, with little mobility, severe cognitive deficit, impaired vision, epilepsy and painful muscle spasms.

He would need constant care as long as he lived, which was likely to be into his 20s.

The court was also told the trauma of his birth in December 2001 had caused such a severe stress reaction in his mother, Kristi, that she could not contemplate having any more children.

Mrs Riches who, with her husband husband Clive, cares for Oscar at their home in Glenleigh Park Road, Bexhill-on-Sea, has reached a further undisclosed settlement with the authority for her psychiatric injury.

'Admission of negligence'

Oscar's counsel, James Badenoch QC, said that East Sussex Hospitals NHS Trust had admitted liability because of the behaviour of the locum obstetric registrar - an overseas doctor who has now left the UK - who "grossly mismanaged" his birth.

"It was effectively an admission of negligence against the doctor - it was not a system failure... and we are happy to acknowledge that the midwives were very concerned and did seek to influence the doctor to take prompt and effective action," he said.

It was not believed that the locum had worked again in this country but his present whereabouts were unknown.

Mr Badenoch said that before Oscar's birth, the heart-rate trace showed that he was in great jeopardy but not yet damaged.

But the locum "inexplicably" insisted that Mrs Riches should continue in labour and then failed in a ventouse delivery.

Eventually extracted by forceps, Oscar was severely asphyxiated with the umbilical cord tightly around his neck and did not breathe spontaneously for 20 minutes.

The trust's counsel, Andrew Kennedy, apologised on its behalf, paid tribute to the enormous sacrifices made by Oscar's parents and said he hoped that the settlement would relieve some of the burden upon them.