Medical Negligence News

£10 Million Package of Compensation for Hospital Medical Negligence Approved

Posted on: February 21st, 2015 by Medical Negligence

A judge at the High Court in London has approved a package of compensation for hospital medical negligence with an estimated value of £10 million.

In April 2007, Ayla Ellison was born by emergency Caesarean at the Furness General Hospital in Cumbria after foetal distress had been identified. An avoidable delay in the procedure led to Ayla being starved of oxygen in the womb, and Ayla also sustained a severe haemorrhage in the womb as she was being delivered.

Due to her birth injuries, Ayla suffers from severe quadriplegic cerebral palsy, epilepsy and partial blindness. She has to be fed by a tube and her body is incapable of controlling its body temperature. Ayla also suffers painful muscle spasms that can only be alleviated by immersion in a hydrotherapy pool.

Ayla´s parents – Carla and Daniel Ellison – made a claim for hospital negligence compensation on their daughter´s behalf against the Morecambe Bay NHS Foundation Trust. In 2012 the NHS Trust accepted the Ayla´s birth had been mismanaged and discussions started on the most appropriate settlement of compensation for hospital medical negligence.

When a negotiated settlement was agree, the case went to the High Court in London for the settlement to be approved; where Mr Justice Warby heard a statement read to the family from the medical director of the Morecambe Bay NHS Foundation Trust – David Walker – in which the NHS Trust apologised for the harm caused to Ayla and the distress caused to her family.

The judge was also told that the Ellison family was moving to London for Daniel´s job as a consultant engineer, and that part of the settlement of compensation for hospital medical negligence included £1.7 million for the family to buy a home with a hydrotherapy pool in Richmond.

The remainder of the settlement includes a lump sum payment of £295,000 to be paid immediately with annual tax-free, index-linked payments of £225,000 thereafter – rising to £290,000 when Ayla is eighteen years of age. The settlement of compensation for hospital medical negligence has an estimated value of £10 million taking into account the interim payments of compensation that the NHS Trust has been making since 2012.

Approving the settlement, Mr Justice Warby commended Carla and Daniel Ellison for the “calm and intelligent” way in which they had dealt with the tragedy of Ayla´s birth injuries and commented “I have no hesitation in accepting that the stated intention of Carla and Daniel Elliston to move to London to build a new family life there is a sincere, genuine and heartfelt one.”