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Last Updated: Thursday, 18 October 2007, 12:41 GMT 13:41 UK
Disabled teenager in £5.5m payout
Daniel Kay
Daniel Kay recently gained eight GCSEs
A boy left severely disabled by a lack of oxygen at birth has been awarded £5.5m in compensation.

The High Court heard Daniel Kay, born at Sandwell Hospital, West Midlands, in 1991, was left with quadriplegic cerebral palsy as a result.

Doctors failed to properly manage his breathing and he suffered a circulatory collapse when he was one day old.

The payout follows an admission of liability by Birmingham and the Black Country Strategic Health Authority.

Daniel, now 16, was deprived of oxygen after doctors failed to properly manage his breathing after his birth.

I think if we hadn't been so persistent in our quest for answers, we would never have uncovered the truth
Tony Kay, Daniel's father

His parents say he is mentally bright and has excelled academically, recently gaining eight GCSEs, but needs 24-hour care and a wheelchair to get around.

His father, Tony Kay, said the hospital had always told them Daniel's condition was "just one of those things", but added that they thought they owed it to Daniel to find out for certain.

Independent medical experts eventually told them his condition was not because of natural causes, but medical failures.

"I think if we hadn't been so persistent in our quest for answers, we would never have uncovered the truth," said Mr Kay.

Anger over mistakes

His mother, Angela Kay, said she was still angry about the mistakes that were made but added she now had to look to the future.

"We are just relieved that this settlement will allow Daniel to be cared for in the way he needs for the rest of his life," she said.

During Daniel's birth he became distressed and inhaled meconium, a baby's first stool, into his lungs.

He was taken to the neonatal unit but doctors could not clear his airway and his oxygen levels began to drop.

'Sub-standard to abysmal'

Some 30 hours later he suffered a circulatory collapse and his brain was starved of oxygen for up to 25 minutes, causing permanent brain damage.

One medical expert said his care went "from sub-standard to abysmal".

In a statement released after the hearing the West Midlands Strategic Health Authority, the trust now in charge of the region, apologised and said it was pleased both parties reached a mutually acceptable settlement.

"We remain very sorry that the care offered to Daniel following his birth did not meet the high standard that we strive to provide.

"We wish Daniel and his family well for the future and wish to pay tribute to the loving and devoted care that Daniel's family have given to him."

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The 16-year-old was the victim of a series of failures



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