£4.2m payout to boy, seven

Apr 16 2008 by Chris Robinson, The Journal

A SEVEN-year-old boy has been awarded £4.2m after his family won a medical negligence case against a Northumberland health trust.

Colin Scott was born at Hexham General Hospital in 2001, a second twin with brother Cavan. But due to suffering from oxygen starvation around the time of his birth, he developed cerebral palsy that affects both his arms and legs.

At Newcastle Crown Court yesterday, Northumbria Healthcare NHS Trust agreed to pay the family the multi-million pound settlement which will be used for his future care. In court his parents, Alison Baker and Colin Scott, were praised for their devotion looking after their son.

Ms Baker has set up the Cerebral Palsy Research Fund, in partnership with the Children’s Foundation, which raises awareness of the condition and supports research work by Prof Janet Eyre at the Sir James Spence Institute in Newcastle’s Royal Victoria Infirmary.

James Rowley QC, for the family, told the court: “I have been working with Colin’s parents for some years and they are remarkable people and I should like to pay tribute. They have done their very best for Colin.”

Margaret Bowron QC, representing Northumbria Healthcare NHS Trust, also paid tribute to his family, adding: “It is plain for all to see they have selflessly devoted their time and love to Colin for the past seven years. Colin is however a happy, contented child, a testament not only to his own character and marvellous personality but the care of his parents, wider family and friends.” Mrs Justice Cox said it was due to a “great sacrifice” by his parents that the youngster has a “happy and positive personality”. She added: “The settlement was both an appropriate and reasonable one for Colin.”

Due to a change in policy within the Trust in 2004, maternity services at Hexham are now midwife-led. Multiple or specialist births requiring an obstetrician are now referred to the maternity unit at Wansbeck General Hospital in Ashington, or the RVI in Newcastle.

Last night a spokesperson for Northumbria Healthcare NHS Trust said: “The Trust wishes to apologise to the family and acknowledge the dedicated loving and devoted care that they are providing to Colin.

“It is hoped that the settlement, now it has been approved by the court, will go some way towards securing Colin’s future and improving his quality of life.”

Court will hold cash

AFTER yesterday’s court case, a statement was issued on behalf of Colin Scott’s parents.

Their solicitor Nick Gray, from law firm Irwin Mitchell, said: "The £4.2m settlement approved for Colin is a proportion of the total amount claimed and will only go some way towards meeting all of his future care needs.

"This sum will be invested in the Court of Protection, on his behalf, solely for this use.

"Colin’s parents were disappointed that a straightforward apology was not made by Northumbria Healthcare NHS Trust, following the court hearing in 2006, but they were appreciative of the comments made, on their behalf, in court. They are now relieved to learn that twins will no longer be born at Hexham General Hospital, and the staff there will have better training."

The parents added thanks to their legal team from Irwin Mitchell and James Rowley QC for their "excellent management of the case".