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Tuesday, 13 February 2007, 16:43 GMT

Brain injury girl awarded £5.75m

Picture of the main entrance to St James's Hospital in Leeds A girl who suffered a serious brain injury at birth has been awarded £5.75m in damages.

Laura Hegarty, eight, who suffers from quadriplegic cerebral palsy, was born in August 1998 at St James's University Hospital in Leeds, West Yorkshire.

London's High Court heard her injury arose out of "clinical negligence" by Leeds Teaching Hospitals NHS Trust.

The trust apologised for the "deficiencies in the care provided at the time of Laura's birth".

Laura's counsel, John Cherry QC, said that in August 2003 the trust admitted a "breach of duty of care" to Laura, who suffers from significant physical and mental disability.

Her parents, Carl and Lisa, of Whinmoor, Leeds, were present in court for the proceedings before Mr Justice Griffith Williams, who approved the damages figure.

"The settlement will not only improve Laura's life and ensure her future, but enable Mr and Mrs Hegarty to have something of a life of their own"
Mr Justice Griffith Williams

Mr Cherry told him that Laura's mother should have been categorised as a "high-risk" case and that the birth "was not expedited as it should have been".

Philip Havers QC, for the trust, said the proceedings provided an opportunity for the trust to publicly repeat the "sincere apology" previously given in a letter for the "deficiencies in the care provided at the time of Laura's birth and to express its very deep regret for the injuries she has sustained".

The judge said that although Laura had been deprived of a conventional life, she had been blessed with devoted parents.

"As a parent myself I find it humbling to read of their selfless dedication to her well-being," he said.

He added: "The settlement will not only improve Laura's life and ensure her future, but enable Mr and Mrs Hegarty to have something of a life of their own."



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