Multi-million pound payout for girl who suffered brain damage at King's Mill Hospital

The girl was delivered using forceps and ventouse instruments at the hospital in 2008 before spending a month in intensive care, when scans revealed she had suffered an injury to the brain.

Now ten years old, the girl has been left with “significant neurological and behavioural impairment”, although she is not affected physically by the damage.

Through her family, she sued Sherwood Forest Hospitals Foundation Trust, with lawyers claiming medics were negligent in not spotting signs of trouble or delivering her earlier through caesarean section.

The Trust denied blame for the injuries, but have accepted a settlement payment of her claim at London’s High Court.

Without making any admission of liability, the trust agreed to pay £3 million to help fund the lifetime of care she will need.

Dr Andy Haynes, Sherwood Forest Hospitals’ medical director, said: “I was deeply saddened to hear about this young girl’s condition and the impact that it has had on her life.

“We can confirm that having followed due processes we have been able to reach a mutually agreed settlement, which we hope will give the family reassurance going forward that her needs will be provided for.”

The settlement means the case will not go to a criminal trial and will be dealt with out of court.

Judge Neil Bidder QC, approving the settlement, said: “May I pay tribute to the parents for the tremendous care they have given this child.

“Fortunately she has not suffered the type of motor problems which can sometimes be found in cases of birth injuries.

“But she has significant neurological and behavioural impairment.

“She is actually doing well in school, but her difficulties may increase as she gets older.

“It is possible that, in future, she may be able to live independently.

“Her parents remain optimistic, but realistic. The whole family needs support, help and guidance.

“This was a particularly complex and difficult case, because of the problems in establishing the mechanism of the injury.

“Had the case gone to trial and certain findings had been made she could have been left wholly uncompensated for the injuries that she suffered.

“There was a significant risk of that. I approve this settlement and this order,” the judge concluded.

Alasdair Henderson, for the Trust, said: “This is not a case in which there had been an admission of liability.

“Whilst money can never undo what has been done, it is hoped that the package agreed will give some reassurance to the family that their daughter’s needs will be met in the future.

“We wish to take the opportunity to express our deepest sympathies and wish them all the very best for the future.”

The £3 million sum will be invested in a trust fund controlled by the parents and a specialist lawyer in order to help pay for her future care.