£3.85m for birth blunder boy

The trust's chief executive has apologised personally to the family

A seven-year-old boy left with severe disabilities after blunders at his birth has been awarded £3.85m in compensation by the High Court.

Midwives delivering Lewis Prosser, from Bridgend, at the town's Princess of Wales Hospital in October 1997 failed to notice signs of distress, the court heard.

His birth was delayed, meaning he suffered oxygen starvation, and now needs round-the-clock care. Bro Morgannwg NHS Trust admitted full liability for Lewis' condition.

The boy attended court in a wheelchair, along with his parents Mark and Eileen. There was a brief hearing on Monday, during which a judge paid tribute to the family.

Lewis has severe cerebral palsy and is unable to walk, talk or feed himself. He will need round-the-clock care for the rest of his life.

Sadly, no amount of money can compensate Lewis for the pain and suffering he has endure Eileen Prosser

He suffered massive brain damage at birth, which the family's lawyers said would have been avoided if he had been delivered earlier.

Gregory Chambers, counsel for Bro Morgannwg NHS Trust, told Mr Justice Walker that it wished to take the opportunity to offer a public apology to the family "for the failings that occurred sadly in this case in the care of Mrs Prosser's pregnancy, labour and the birth of Lewis".

He said the trust's chief executive has recently met the family to offer a personal apology.

Mr Chambers also said the trust hoped the settlement would enable Lewis to receive the best of care and to obtain "the maximum enjoyment he can from his life".

Approving the £3.85m settlement, the judge Mr Justice Walker said he was satisfied it was in Lewis' best interests.

"His needs are great. I pay tribute to him for coping in his own fashion with all that has befallen him and tribute to all those who are concerned in his care, particularly his family, who have made great sacrifices to give Lewis the best possible quality of life."

Financially secure

Outside the court, the Prossers' solicitor Tim Dyde, said the pregnancy had been uneventful but, in the latter stages of labour, midwives "failed to notice or recognise that the baby's heart trace was becoming abnormal".

"They failed to call a doctor to review the trace and let Mrs Prosser continue in labour for an hour longer than they should have done.

"During this hour, Lewis unfortunately sustained massive brain damage which could have been avoided had he been delivered earlier," said Mr Dyde.

The damages award was mostly made up of the cost of essential lifelong care for Lewis and would mean that his future was financially secure, he added.

Also after the hearing, Mrs Prosser said: "Sadly, no amount of money can compensate Lewis for the pain and suffering he has endured to date or the severe restrictions in living a normal life.

"There are no winners in battles like this."