Personal injuries: £2.9m for brain damaged boy
Source – BBC News, Thursday, 27 January, 2000

An eight-year-old boy seriously brain damaged at birth has been awarded more than £2.9m damages by the High Court.

The court was told that medical staff failed to spot danger signs during the birth of Luke Warren at Sheffield's Northern General Hospital in 1991.

As a result, Luke, from Skegness, Lincolnshire, suffers from cerebral palsy.

He will never be able to take care of himself.

The hospital has admitted that staff had failed to detect foetal distress, and that if they had intervened earlier with a Caesarean section Luke would have avoided injury.

Deputy High Court Judge Robert Smith QC, sitting in Sheffield, awarded damages of £2,911,849.

The money will be used to cover the cost of Luke's continuing care, including speech therapy, physiotherapy, housing, special educational needs and equipment.

It will also recompense his parents, June and Steven, who care for their son full-time.

After the hearing, Mrs Warren said: "This has been a long, hard battle. We can now get on with giving Luke the care he needs and deserves."

The failure by hospital staff to spot foetal distress meant Luke was in effect born dead.

He was gradually revived and could breathe for himself within 20 minutes, but by then had already suffered massive injuries.

Cannot sit independently

John Pickering, head of personal injury at Irwin Mitchell Solicitors, who acted for Luke and his family, said: "Luke is a happy young boy but he is so disabled that he cannot sit independently and requires a walking frame or electric wheelchair for mobility.

"He can now nearly spoon feed himself, but he requires assistance dressing and undressing, and his communication skills are minimal.

"His family is dedicated to his care and both Luke's mother and father have not been able to work since his birth because of the constant attention he needs."

A spokesman for the Northern General Hospital NHS Trust said: "We deeply regret the train of events that led to the damage caused to Luke during his difficult birth.

"The trust has always accepted responsibility in this case. We recognise that there were procedures that could have been improved and they now have. Human error did occur and we very much regret it.

"Although tightening up procedures may not provide Mr and Mrs Warren with any real comfort, we nevertheless offer our deepest sympathy and apologise unreservedly for the effects this tragic accident has had on the family."
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