£3m payout for woman injured at birth 37 years ago

12 April 2012

A woman received a multi-million pound compensation package today for birth injuries suffered 37 years ago.

Helen Walker has needed constant care since her very prolonged delivery at the Birmingham Women's Hospital in July 1972.

Margaret Bowron QC told London's High Court that Ms Walker's parents, Maureen and Michael, had just got on with supporting their daughter until they found out they had a claim 10 years ago and began proceedings.

Mr Justice Owen approved the award against West Midlands Strategic Health Authority and paid tribute to the Walkers.

The authority's counsel, Terence Coghlan QC, said that it greatly regretted the negligence which was admitted and wished the family well.

Ms Walker will receive her award by means of lifelong periodic payments, which will amount to about £3 million.

After the brief hearing, her solicitor, Tom Cook, said: "Helen is a happy young woman given her circumstances, and her family love her and look after her very well.

"She attends a day centre, but specialist care of the kind she needs and which might make a difference to her quality of life is extremely expensive.

"Our claim against the hospital seeks to provide a financial settlement which will provide for her future.

"Her parents are aware that the time will eventually come when they won't be there to look after her and they are concerned to ensure that her future is secure.

"Accordingly, the award is mainly to be paid in annual instalments for the rest of her life. Its actual value will depend on how long she lives but her support needs should be met in the meantime.

"Although claims like Helen's are now more commonly brought when the injured party is still a child, there are parents out there who have committed their lives to looking after a brain injured son or daughter, perhaps not realising that they can still get help.

"The commonly publicised time limit for bringing any sort of injury claim in the UK is three years, but where the injured party was a child who as a result of their injury does not have mental capacity then there is no time limit."

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