Family win 11-year compensation battle

Apr 3 2008 by Paul James, The Journal

A FAMILY were yesterday celebrating the end of an 11-year battle to gain compensation for the mistakes that led to their son being born severely disabled.

Andrew Dixon, of Grangetown, Sunderland, has battled against severe cerebral palsy since his birth at Sunderland Hospital in 1987.

The family of the 20-year-old, who is wheelchair-bound, has been fighting to secure adequate support for him since 1997, arguing that his mother Linda’s labour was mismanaged and not monitored appropriately, resulting in Andrew’s brain injury.

While Mrs Dixon was in labour, Andrew’s heart rate became dangerously low so she was given drugs to speed up the labour, which made the situation worse.

Yesterday the North East Strategic Health Authority agreed to a settlement with the family that will run into millions of pounds over the rest of Andrew’s life to cover his care.

The Dixons are now looking to move out of their terraced cottage to a larger house which will allow Andrew to have his own space.

They will now be able to afford the professional 24-hour care he needs, equipment including an electric wheelchair, communication aids and an appropriate vehicle.

Andrew’s father Derek, who works at Sunderland College’s Bede Centre, said: “We hope this will make a huge difference to the quality of Andrew’s life – he will be 21 in August and, like anyone of that age, does not want to be around his parents all the time.

“It will benefit Andrew a lot to be able to have his own space and become far more independent. He likes to be with friends and is attending Tyne Metropolitan College. With all this in mind, the decision has been very well timed and we are grateful for the help from Irwin Mitchell and the way they made such rapid progress for us. I wish we had gone to them much sooner.

“It was important that we never gave up, even when we seemed to be making little progress until this year. It has never been about the money – we just want to secure Andrew’s future and make him as happy as we can.”

Angela Curran, partner and birth trauma specialist at Irwin Mitchell, which represented the family, said: “No amount of money can compensate for what Andrew has lost and what the family has been through but soon, via the Court of Protection, they should have access to funds that will allow Andrew far more independence and a higher quality of life.

“The Dixons are a wonderful family and it has been a pleasure to be able to act so quickly to help them secure a better future for Andrew.

“This financial settlement means Andrew can access all the technology he needs that will open the world up to him.”

In a statement, the North East Strategic Health Authority said: “We are pleased that all parties involved in this case have been able to work together to agree a settlement which has now been approved by the court. The settlement includes annual periodic payments for the rest of Andrew’s life.

“The North East Strategic Health Authority would like to pay tribute to the dedication, loving and devoted care that Andrew’s family have provided over the years and also to wish Andrew and his family well for the future.”