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NHS DROPS APPEAL AGAINST BRAIN DAMAGE PAYOUT
Thursday 11th June 2009
 

"The family of a boy brain damaged after being starved of oxygen at birth have welcomed a decision by the NHS to drop its appeal against a decision to award him £4.7 million compensation.

The seven-year-old from Bristol, who can only be identified as ‘RH‘ for legal reasons, developed cerebral palsy after he was starved of oxygen during his birth at St Michael‘s hospital. He sued United Bristol Healthcare NHS Trust for compensation for medical negligence.

The case made legal history because the judge, using new powers available to the courts, ruled that part of his money should be paid in a lump sum and the rest by annual payments for the rest of his life.

Earlier this year the Court of Appeal upheld a ruling to protect future payments from inflation by linking them to increases in wages rather than the Retail Prices Index.

The trust and its lawyers, the NHS Litigation Authority appealed to the House of Lords following the Court of Appeal ruling in January this year. But that appeal has been withdrawn..."

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