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Judge awards £12m to parents of disabled boy after doctors ‘failed to treat abnormal heartbeat’

  • Toby Hart was born at Friarage Hospital in Northallerton in October 2006
  • Medics failed to ‘act upon’ his abnormal heartbeat leaving him starved of oxygen, which caused him brain damage
  • He has since been diagnosed with cerebral palsy, epilepsy, a severe learning disability, and has been registered blind
  • Seven-year-old will need 24-hour care for the rest of his life
  • High court judge today approved a settlement agreed between lawyers acting for Toby’s parents and South Tees Hospitals NHS Foundation Trust
  • Michelle Hart, his mother, welcomed the settlement but called for better training of midwives in the NHS
  • The NHS trust apologised to Mr and Mrs Hart acknowledging no amount of money ‘can compensate adequately’ for his ‘substantial injuries’

By
Lizzie Parry


Published:

12:03 EST, 12 June 2014

|
Updated:

12:54 EST, 12 June 2014

Toby Hart was left severely disabled after medics failed to ‘act upon’ his abnormal heartbeat leaving him brain damaged

A High Court judge has awarded a seven-year-old boy £12million compensation after he was left severely disabled when doctors failed to ‘act upon’ an abnormal heartbeat when he was born.

Toby Hart, from Bedale in North Yorkshire, will need 24-hour care for the rest of his life, Mrs Justice Nicola Davies was today told at a High Court hearing in London.

She gave her backing to a settlement – which included a £2million lump sum and annual payments of nearly £500,000 – agreed between lawyers representing Toby’s parents Michelle and Matthew Hart, and Friarage Hospital in Northallerton.

Mr and Mrs Hart today called for the NHS to invest in better midwife training.

Law firm Irwin Mitchell, which represented the couple at the hearing, said in a statement after today’s hearing that problems arose during Toby’s birth in October 2006.

The newborn’s abnormal heartbeat ‘was not acted upon’, they said.

The firm said a settlement had been agreed with the South Tees Hospitals NHS Foundation Trust.

‘During his birth at the Friarage Hospital in Northallerton in October 2006, Toby’s heart rate slowed drastically but medical staff failed to spot he was in distress and he was born 25 minutes later than he should have been, starving his brain of oxygen and leaving him permanently brain damaged,’ said an Irwin Mitchell spokesman in the statement.

‘(We) have now secured the family a £2 million lump sum to help cover costs of treatments, therapies, specialist equipment and adaptations that they need to their home.

‘Toby will also receive annual payments of up to £490,000 for the rest of his life.

‘This is believed to be the largest annual payment ever agreed and will be managed by Irwin Mitchell to ensure that the funds last for the correct amount of time.’

He said the payments added up to a £12 million settlement.

The spokesman said Toby – who was at today’s hearing with his parents – suffered from cerebral palsy, epilepsy, had a severe learning disability, was registered blind and would need 24-hour care, support and rehabilitation for the rest of his life.

Mrs Hart said: ‘Although nothing can
turn back the clock and undo the mistakes made during Toby’s birth, it
is a massive relief to know that his care and rehabilitation needs for
the rest of his life will be taken care of by the final settlement.

‘Being
thrust into this situation without any warning when Toby was born
opened our eyes to the lack of support for new parents of babies with
birth injuries.

Toby, now seven years old, and pictured with his father Matthew Hart, suffers cerebral palsy, epilepsy, has a severe learning disability, was registered blind and needs 24-hour care, support and rehabilitation for the rest of his life

‘In the first few years we had to wade through all the
administration and systems to apply for things such as therapies and
chairs to help him sit up – thankfully now we will be able to support
him using the settlement.

‘We
are incredibly grateful to Irwin Mitchell for their support as we felt
extremely isolated when we first left hospital.

‘There was very little
help available and more needs to be done to assist parents who suddenly
find themselves having to care for a baby who has suffered a birth
injury as we did.

‘Although nothing can
turn back the clock and undo the mistakes made during Toby’s birth, it
is a massive relief to know that his care and rehabilitation needs for
the rest of his life will be taken care of’

– Toby’s mother, Michelle Hart

‘All the
current support for parents is focused on being a good mother to a
‘normal’ healthy baby and the last thing we wanted was to be around
other parents whose situation didn’t bear any resemblance to our new
lives.

‘We constantly had to battle to get support, equipment and
therapies that Toby needed and it just highlights how important the
settlement is in ensuring that his quality of life is as comfortable as
possible for the rest of his life.

‘Midwives need to be fully aware and accountable for the
consequences of their actions within the delivery room.

‘For example,
does the current midwifery training and ‘updates’ for qualified staff
include meeting parents of children who had sustained life-changing
injuries as a result of a mismanaged birth?

‘Their
practice and responsibility has to move away from the confines of the
delivery room if the real impact and importance of their role is to be
fully understood.

‘There has to be a shift towards doing everything they
can to prevent babies being born with brain damage.’

A High Court judge has given her backing to a £12million compensation settlement agreed between lawyers acting for Mr and Mrs Hart and the hospital trust. It includes a £2million lump sum and annual payments of £500,000 for the rest of his life

Angela Kirtley, a specialist medical negligence lawyer at Irwin Mitchell, said Toby’s parents had been ‘incredibly resilient’.

‘The mistakes made during his birth were unacceptable and have had a life-changing effect not just on Toby, but the entire family and all those close to them,’ she said.

‘He will be dependent on carers forever and it was vital that they received the support they needed.’

Mrs Justice Nicola Davies told Mr and Mrs Hart at the hearing the she hoped the money would give the family a better quality of life.

‘I know you have battled on Toby’s behalf,’ said the judge. ‘I hope that what this money does is to give you some peace of mind.

‘There is at least in place some financial stability. I know nothing can turn the clock back.’

A spokeswoman for South Tees Hospitals NHS Foundation Trust said: ‘We are sorry that the care afforded to Mrs Hart and to Toby fell below an acceptable standard and that Toby suffered very substantial injuries as a result.

‘The trust acknowledges that no amount of money can compensate adequately for the damage suffered but it is hoped at least that the agreed sum will give some financial security and provide for Toby’s needs now and in the future.’

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Comments (4)

what you think

The comments below have been moderated in advance.

Brzeczyszczykiewicz,

Chrzaszczyrzewoszyce, Poland,

43 minutes ago

NHS must get privatized or go. There is no third option. Only private care gives the quality and standards worth of the human beings. NHS is not a health service. it is a National Humiliation Service.
I am not sure why so many Brits are so proud about NHS, to be honest in the communist Poland we had a better health service than you have got in XXI century.

notarightwingnutjob,

Bristol, United Kingdom,

50 minutes ago

Brilliant, less money for hospitals who although do fail occasionally, also do a world of good.

Alan,

Huddersfield,

1 hour ago

Why is it that NHS managers would rather pay out £billions a year on payouts, rather than spend a few hundred on checking out each doctor before they start working ?.

Diana,

Newcastle under Lyme, United Kingdom,

1 hour ago

The compensation should be paid in tranches so that if this boy dies the money can be put back into the NHS for people who really need it and not his family. These massive compensation pay outs are way beyond what most people would deem acceptable.

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