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Tuesday, 20 November, 2001, 13:11 GMT
Damages of £2m for birth negligence
Ian and Gaynor Hellyer
Ian and Gaynor Hellyer said money can't ease the pain
A 10-year-old south Wales boy with cerebral palsy who was starved at birth of oxygen has been awarded damages of more than £2m.

Ashleigh Hellyer from Three Crosses near Swansea was born at Morriston Hospital in 1991, but a delay in delivery meant his mother's womb was starved of oxygen.


No amount of money can be enough to compensate our son for what he has lost and suffered as a result of the hospital's neglect

Ashleigh Hellyer's father, Ian
Parents Ian and Gaynor were at Bridgend County Court to hear a judge approve the compensation settlement from Swansea NHS Trust.

But they also heard it took the trust eight years to admit blame for the blunder.

The court heard Ashleigh was a "happy and popular little boy" with a delightful sense of humour who approached his disability with courage.

The judge said the Hellyers' devotion to their son was "quite extraordinary."

Compensation awarded

Cerebral palsy is a neurolgical disorder which affects muscular coordination.

Ashleigh had been born in an otherwise problem-free procedure.

Mr Hellyer said: "No amount of money can be enough to compensate our son for what he has lost and suffered as a result of the hospital's neglect.

Ashleigh was born at Morriston Hospital
Ashleigh was born at Morriston Hospital
"It is a matter of huge regret that it took the hospital so long to admit responsibility notwithstanding the compelling evidence our lawyers had accumulated."

A written apology was later issued on behalf of the Swansea NHS Trust chief executive and clinicians, expressing the "profound regret" that standards set by staff had not been met.

"It is a genuine and full apology for the unfortunate consequences surrounding Ashleigh's birth in 1991," it stated.

"With the complicated claims of this nature, the Trust cannot admit negligence and make rapid compensation payments until it is satisfied that full and proper investigations have been carried out.

"Since 1991, the risk management procedures within the maternity department have been reviewed and the Trust is confident that such a sad outcome will not happen again."

Payouts given

Children in simimlar cases around the UK who have developed the condition have been awarded sums around the £2m mark for their suffering and toward future care.

The court will now decide how best to invest the money to secure Ashleigh's future.

The £2.1m in damages will provide accomodation, equipment and help for his parents.

 WATCH/LISTEN
 ON THIS STORY
BBC Wales's Hugh Turnbull reports
"Ashleigh was described as a delightful boy with a great sense of humour"
BBC Wales's Penny Roberts
"A delay in delivery meant he was starved of oxygen"
See also:

10 Jul 01 | Health
'Faster, fairer' NHS compensation
20 Jun 01 | Health
Anger over death compensation
15 Feb 01 | Health
Medical accidents - unstoppable?
23 Dec 98 | Health
Brain-damaged boy awarded £2.4m
12 Oct 01 | England
Cerebral palsy lives 'transformed'
12 Nov 01 | England
Brain damaged woman gets £2.5m
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