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Disabled Norfolk boy receives £3m compensation from West Suffolk Hospital

07:00 24 July 2012

West Suffolk Hospital in Bury St Edmunds.

West Suffolk Hospital in Bury St Edmunds.

A five-year-old disabled boy from Norfolk yesterday received £3m compensation from the NHS after being starved of oxygen at birth.

A High Court judge approved the settlement for Aiden Oxborrow after the West Suffolk Hospital NHS Trust admitted liability for his injuries.

The boy, who lives near Wymondham, and is cared for by his father Rory, was born in October 2006 at the hospital in Bury St Edmunds and suffered brain damage before being born by Caesarean section.

He has cerebral palsy and epilepsy, his mobility and sight are severely impaired, as are his cognitive abilities, and he will need 24 hour care for the rest of his life, a High Court hearing heard.

To compound the family’s problems, his mother, Deborah, died suddenly last year and his father has given up work to look after him and his younger sister.

Judge Nigel Wilkinson QC approved a settlement of the compensation case, which includes a £1,375,000 lump sum and annual payments to cover the costs of Aiden’s care for the rest of his life.

Sandra Patton, of Thetford-based Ashton KCJ Solicitors, said: “This settlement will enable Aiden’s quality of life to be improved as far as possible in his circumstances and ensure that he can access appropriate care, therapies and specialist equipment throughout his life.”

“Aiden’s family are pleased that, after admitting liability following issue of proceedings, the trust provided them with an apology an that they have now been able to agree a settlement without the need for a full trial.”

Angus Moon QC, for the trust, praised Mr Oxborrow for his devotion to his son - especially following the tragic death of his wife.

He said: “The hospital trust does wish to express its very deep regret for the injuries Aiden suffered. His mother died in August last year and the trust has asked me specifically to pay tribute to the care which his father has given him since then.”

A spokesman for West Suffolk NHS Foundation Trust added: “We would like to take this opportunity to reiterate our apologies to Aiden and his family for the issues which arose during his delivery in 2006.”

“We are pleased that the court has approved a settlement and hope that the award will help Aiden and his family in the future.”

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