Family secure £23m payout from Nottingham hospital in one of 'biggest in NHS history'

A family is set to receive a huge compensation package of up to £23 million after their baby was born with severe disabilities due to medical negligence at a Nottingham hospital. The settlement, believed to be one of the largest in NHS history, was reached out of court following a High Court judge's ruling of negligence in the care provided to a mother who gave birth at City Hospital in 2004.

The young man, now 20 years old and requiring constant medical care and attention, was born with cerebral palsy after an obstetrician incorrectly assured his mother that all was well following a late-stage pregnancy scan. The mother expressed her struggle with "years of denial" from Nottingham University Hospitals Trust(NUH).

Currently, the trust is under the most extensive maternity review in NHS history, investigating nearly 2,000 cases of infant deaths and injuries. Including legal costs, NUH has paid out £101m in maternity negligence claims between 2006 and 2023.

Manjeet Shehmar, the trust's medical director, expressed deep regret for the harm inflicted on the baby. The case focused on the mother's treatment at City Hospital, where she had voiced concerns about reduced foetal movement at 37 weeks pregnant.

It was claimed that an obstetrician falsely reassured her that everything was fine after a scan, leading her to feel relieved and relaxed before returning to the hospital four days later. Her son, whose identity is protected by law, was born having suffered a brain injury due to chronic partial hypoxia - a decrease in oxygen supply to the brain, reports .

Solicitors for the affected family have slammed Nottingham University Hospitals NHS Trust (NUH) for making them "wait many years too long" before conceding error and agreeing to compensation. They have levelled heavy criticism at hospital chiefs for disputing the mother's claims of raising early warnings and denied a critical scan ever occurred, an assertion overturned by a judge's verdict in 2021.

A hefty £7.8 million initial sum is set to be paid out by the NHS, with incremental lifetime payments anticipated to culminate in a staggering £23.7 million for the individual's continual care. Expressing relief through Hudgell Solicitors, the mother said: "It has taken us 12 years to reach this day, the day where we can really start to plan for the rest of our son's lives with some certainty and security."

She spoke of the ordeal they faced, adding: "It needed us to endure years of denials from the trust, a trial in court where I was basically accused of not telling the truth, and then a three-year wait to secure this final settlement. It's a shame that people don't admit mistakes when so much is at stake for a family. It impacts on the entire family every day, for the rest of their lives."

The awarded funds are earmarked for constructing a bespoke residence tailored to the 20-year-old and his family, featuring special accommodations for round-the-clock carers and requisite facilities. The mother underscored the necessity of the provisions.

She said: "Our son needs 24 hour care which of course, throughout his life, myself, my husband and other family members have provided, but this is something we can't do forever, so that is why this is so important."

She added: "I know people will see the value of the potential final settlement and think it is a lot of money, but this will be money to provide the care our son needs, helping us give him the most comfortable life now, and crucially ensuring he has 24 hour care when we are not around in the future."

Chris Moore, joint national head of clinical negligence at Hudgell Solicitors, remarked on the relief the settlement brings to the family: "The frustration again has been the long difficult road which has been put in front of the family to reach this point."

He added: "They have been made to wait far too long for this day," while also highlighting the unnecessary strain placed upon them.

Mr Moore continued: "We were ready to attend at the High Court last week for another trial as we'd been unable to come to an agreement with NHS Resolution over the final settlement figure. It meant the family, and my client, had to go through yet more stress of arranging travel to London and preparing for another lengthy court hearing, only for the defendants to then agree a more sensible offer of settlement outside the doors of the court.

"It doesn't need to be done this way and I often think defendants forget about the impact it has on people who have already been through so much."

In response to the situation, Ms Shehmar expressed regret: "I am truly sorry for the harm caused to the baby who was delivered in our maternity services in 2004, and would like to offer our sincere apologies to the family."

He continued: "We fully accepted the court's findings in 2021 and are pleased that a settlement has been reached. We hope this helps provide the support that is needed.

"We are committed to making improvements through our Maternity Improvement Programme, the foundations of which are based on vital feedback from women and families. We are listening to women and families and acting on their feedback to rebuild trust."

"We know there is more to do, but through the hard work of our colleagues we can see progress taking place."