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A High Court Judge recently (3 June 2009) agreed a £7 million damages package for a 12 year old boy who was negligently brain-damaged during his birth at a Winchester hospital.
In January 2007, David Foskett QC, sitting as a Deputy High Court Judge, ruled that negligence at the Royal Hampshire County Hospital was the cause of massive brain damage to Luke Purver. The Judge said that an unnecessary four minute delay in Luke’s delivery on 30th March 1997 was the cause of his injuries.
Following detailed consultation with a team of healthcare specialists including a paediatrician, nursing expert, occupational therapist, psychologist, language therapist and other social care experts, Luke’s lifetime care needs have now been assessed and agreed.
Up until his birth, all indications were that Luke would be a normal, healthy baby. As a result of the brain damage Luke has dystonic athetoid cerebral palsy. He has little control over his limbs. He also has difficulty with speech and has some behavioural problems. He is dependant on strong medication.
Vicki Jagger, a medical law specialist from Northwest UK (Carlisle) law firm Burnetts represented Luke. She said, “Luke will receive a one off lump sum payment followed by annual payments for life. This money will be paid into the Court of Protection and administered for Luke’s benefit to ensure his substantial and life-long care needs can be met. Luke’s parents, Sally and Jason, have had a long battle to ensure their son’s financial security and I’m delighted that we have, at last, been able to protect his future.”
Speaking today, Luke’s mother Sally, 34, said, “We always knew there had been a mistake, but almost from the beginning we felt we were being fobbed off with weak excuses.
“This has been a long and stressful process for the whole family so I am relieved that it is finally over. Luke loves his sport especially football, darts and snooker. He also enjoys school and being in the garden with our dogs. He is like any other twelve year old in a lot of ways and yet he will always need constant care.”
“We have worried for years about what will happen to him if I was ill or if something happened to us so it is a huge weight off our shoulders to now know he will always be looked after.”
“We are very grateful for the support of our legal team including Martin Spencer QC and Jane Tracy Forster from Hailsham Chambers, as well as Vicki Jagger from Burnetts.”
For further information, contact Angela Huck at Burnetts on 01228 552222 or at 07525 128762.
Notes to Editor:
Luke Purver was born in the Royal Hampshire County Hospital, Winchester on 30th March 1997 to Sally Miller and Jason Purver. He was 12 days overdue when Sally was taken to the Royal Hampshire to be induced.
Unfortunately, Sally’s labour did not progress in the second stage. Dr Adam Moors, then a senior registrar and now a consultant, decided that Luke should be delivered by trial of forceps, a standard obstetric procedure which is carried out in the operating theatre so that an immediate move to a caesarean section can be made should the baby need urgent delivery. The procedure was performed by Dr Moors.
During the trial of forceps Luke suffered a circulatory collapse which in turn caused massive brain damage.
The case for Luke’s family hinged on a critical four minutes between 19:48 and 20:00. His legal team argued that Dr Moors should have recognised the signs of fetal distress and should not have persisted with the forceps delivery. David Foskett QC agreed Luke should have been delivered more quickly by caesarean than he was.
Tragically, had Luke been delivered without a four minutes delay, he would have been a fit and well baby.
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