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Tuesday, 20 November, 2001, 13:11 GMT
Damages of £2m for birth negligence
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.
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.
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.
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