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Delayed Birth Compensation Awarded at Court

October 27, 2012

The family of a boy, who suffered brain damage due to being starved of oxygen prior to his birth, have had been awarded compensation for delayed birth at the Royal Courts of Justice.

Joseph O´Reggio (11) from Wolverhampton, was born at the city´s New Cross Hospital in 2001 following an alleged failure by the hospital staff to monitor his mother – Rachel – during the later stages of her pregnancy. As a result of the alleged hospital negligence, Joseph was starved of oxygen before to his birth and was brain damaged by the time he was delivered – later developing severe cerebral palsy.

Joseph´s parents made a claim for delayed birth compensation on the grounds that the Joseph´s heart rate had fallen on the morning of April 14th 2001, but a specialist was not summoned until 10.00pm that evening. As a result of the delayed birth, Joseph now requires 24-hour care and is unable to speak or feed himself.

In 2011, the High Court heard that Royal Wolverhampton NHS Trust admitted that Joseph should have been born earlie than he wasr, but would not accept full liability for his injuries. However, an agreement was negotiated between he parties in which the Trust would pay annual periodic payments amounting to an 80 percent valuation of a full compensation for delayed treatment settlement.

At the Royal Courts of Justice, the family heard that the package of compensation for delayed birth amounted to 6 million pounds – based on Joseph´s anticipated life expectancy – and will be sufficient for the family to move into a specially adapted home with the specialist rehabilitation equipment that Joseph needs to develop his skills with hearing, sight, taste, touch, language and hand-eye co-ordination.

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