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Financial settlement agreed for brain injured Ipswich girl after hospital admits responsibility |
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02 June 2008 |
The case of an Ipswich girl who suffered brain injuries at her birth has settled the day before it was due to go to court in London tomorrow to decide on how she should be supported financially, after the hospital concerned admitted negligence.
The case of an Ipswich girl who suffered brain injuries at her birth has settled the day before it was due to go to court in London tomorrow to decide on how she should be supported financially, after the hospital concerned admitted negligence.
Holly Goodwyn was born in January 1997 at Ipswich hospital. The hospital has admitted that, despite obvious signs of her distress, medical staff failed to deliver Holly urgently and her injuries are a result of that delay. They accept that it was negligent not to deliver Holly sooner than they did and that, had they done so, she would not have suffered the terrible injuries she now has.
At an early age she was diagnosed with athetoid cerebral palsy. Since then there have been lengthy investigations by lawyers and medical experts into the circumstances of Holly's birth.
Although negligence has been admitted, the two sides have not been able to agree a proper amount of compensation which Holly will require to ensure she has all the treatment and care she requires for the rest of her life.
Holly's legal case is being managed by clinical negligence specialist Sarah Coles of Kester Cunningham John.
'Holly is now 11 and severely physically disabled, needing a wheelchair to get about,' she explains.
'She finds it difficult to speak clearly and uses an electronic communication aid similar to that used by Stephen Hawkin. She also needs 24 hour care, which is currently being provided at home by her parents and by paid carers who have been employed since the hospital's admission of negligence was made, as well as by learning support assistants while she is at school.
'Her life is further blighted by epilepsy, again a direct result of the negligence at her birth and the injuries she suffered. Most of her seizures are at night, but they can occur at any time and so she can't be left alone and requires close supervision.
'She started a special diet for her epilepsy a couple of years ago through Great Ormond Street hospital. The food preparation takes several hours each week but the dramatic improvement in her seizures and her overall well-being have more than justified the additional work.
'Despite all these difficulties Holly has always been a bright child and attends a mainstream school. It's hoped that with the right support she could go on to further education. It's also hoped she will live independently from her parents in the future, like any other child, but this won't be possible unless she has the 24 hour care and support required.
'Holly is fun-loving with a great sense of humour and an infectious laugh. All she really wants to do is to be able to join in with her friends and family. To do this she will require constant help, care and supervision for the rest of her life.
'Holly's parents live with the nightmare of her birth on a daily basis. The future they had hoped for her will never be realized. They have gladly made many sacrifices to give Holly as normal a life as possible, but have come to realize that without help this was never going to be enough.'
In a statement, Holly's mother says: 'Whilst we were reluctant to take legal action in this matter, we felt that the extent of the help Holly requires would not be available otherwise.
'We also hoped that lessons would be learned from Holly's birth and that the hospital would look at its practices so that the same errors would not be allowed to happen again. If we can prevent another family being affected like ours then at least something positive would have come from Holly's plight.'
Instead of a trial, there will now be a settlement hearing tomorrow at the Royal Courts of Justice tomorrow (3 June).
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