January 16, 2021

Hospital pays out millions after patient suffers brain damage – York Press


YORK Hospital is to pay out millions of pounds to a man who suffered brain damage as a result of negligent care.

The Leeds United fan – who cannot be named for legal reasons – has severe cerebral palsy and profound physical and learning disabilities after his birth was negligently managed.

The man is now aged in his mid-20s and has successfully sued York Teaching Hospital NHS Foundation Trust – which admitted full liability for the brain damage he suffered.

High Court judge Mr Justice Freedman praised the man’s dedicated parents and said: “No amount of money can compensate for what he and his family have been through.

“I have great admiration for his mother and father and for everything that they have done in a most single-minded and dedicated way for their son.”

The man requires round-the-clock care.

But his barrister, Jonathan Jones QC, told the High Court: “He’s a character. He’s a Leeds United fan and he has a good sense of humour.”

Although his communication skills are limited, the court heard his parents understand most of what he says.

The judge added: “Remarkably, despite all of this, he interacts well socially.

“He is able to pick up on social cues, he recognises when people are being rude and wants everyone to get on together.

“He is an avid supporter of Leeds United FC and collects the club’s memorabilia.”

The family will receive a lump sum of £3.8 million, plus tax-free payments of almost £320,000 every year for the rest of the man’s life to cover the cost of his care.

The court heard the hospital trust’s chief executive wrote a letter of apology to the family acknowledging “the sub-optimal care that led to his brain damage”.

NHS counsel, David Evans QC, said the trust admitted liability early and added: “We on this side wish him and his family well for the future.”

After meeting with the man’s parents privately, the judge said: “In his mother’s words, ‘we love him to bits’.”

A hospital report reveals that in October, the trust paid out a huge £12.5 million in one medical negligence claim. It takes the total paid out in claims to nearly £17 million since October last year.

The hospital trust has been approached for a comment.