Eva Totham, was starved of oxygen at birth in 2007 and now suffers from severe cerebral palsy.
The compensation pay-out of £10.1m was awarded to cover Eva’s past and future care, as she is now entirely dependent on others for all aspects of day-to-day living. This was also to cover her loss of earnings as it was ruled that she would have been likely to go to university.
Mrs Justice Elisabeth Laing, at the High Court, said: “Eva is a beautiful, engaging child. She is determined and concentrates hard on any given activity.
“I had a strong sense of an energetic, inquisitive mind trapped in a body that will not do what Eva would wish it could do.”
King’s College hospital NHS Foundation trust accepted liability for her serious brain injuries, and agreed compensation for the majority of the items claimed. However, there was a dispute in relation to the £1.4m that was being claimed for pain and suffering.
The award of 10.1 million for damages, is believed to be one of the highest ever made for a clinical negligence claim following a contested trial. The ruling finally brings an end to six years of Eva’s family fighting for her justice.
For any enquires in relation to birth injury claims, contact our vastly experienced Clinical Negligence department on 0113 284 5000 or via email at clinneg@isonharrison.co.uk
