One of the largest NHS medical negligence settlements has today been approved at the Royal Courts of Justice in London for a boy who sustained permanent brain damage following negligent care in Gwent, Wales.
The child, who is protected by an anonymity order, developed fluid on his brain (known as hydrocephalus) shortly after birth and his enlarged head should have been regarded as a red flag. The health visitor did not refer him to his GP for timely treatment, which led to severe brain damage and lifelong, extensive care needs.
His parents repeatedly raised concerns about his unusually large head and the unusual positioning of his eyes but were reassured that these features would settle with development and that there was no cause for concern.
He was referred for treatment two months later and required brain surgery, including the insertion of a shunt. He was placed on life support and nearly died at just five months old. Thankfully, he survived but the extensive damage to his brain is irreversible.
Representing the family, leading birth injury solicitor Diane Rostron, said: “Our client is now eight years old. His head remains the same size as it was when he was only a few weeks old. This should have prompted concern when the health visitor measured his head circumference during a routine visit.
“He was exhibiting clear signs of hydrocephalus, which caused dangerously high pressure to build up on his brain and could have been fatal. The health visitor failed to identify the serious risk and to make a timely referral to a GP.
“He was lucky to survive emergency brain surgery at just five months old, but he now lives with catastrophic and permanent disabilities. He is mostly non-verbal; in a constant state of anxiety and distress, which leads to aggressive behaviour; doubly incontinent despite his parents’ efforts to potty train him; and he has significant learning disabilities and global developmental delay, functioning at the level of a two to three year old.
“Today’s settlement reflects his complex, round the clock care needs.”
The boy’s parents, who cannot be identified, said: “We love our little boy dearly. Soon after his birth we could see his head was far too big for a newborn. We also questioned the hospital about his eyes, which did not look right to us. We were reassured that there was nothing to worry about and we trusted that advice.
“The health board has admitted that the health visitor was negligent by failing to refer him to a GP earlier than he was. Our lives have been turned upside down, and it is no exaggeration to say that we, and our other children, now live like prisoners in our own home.
“Everyday activities such as watching TV or listening to music are impossible unless they are what our child wants. If he is not in control, he reacts with violent and aggressive behaviour – biting, punching, kicking and pinching – because the loss of control makes him extremely anxious. His brain damage means that he cannot regulate his emotions. He rarely sleeps through the night and we must use a wheelchair when we go out to keep him safe. His mobility is mostly unaffected by his injury, but he has no awareness of danger.
“We want other families to be aware of the symptoms of hydrocephalus and to feel confident to question medical advice if they have serious concerns. The settlement will not restore our healthy little boy or return our family to normal life, but it gives peace of mind that his complex care needs will be met for the rest of his life”.
Aneurin Bevan University Health Board has admitted liability.
ENDS