Tuesday 8 May 2012

Shoosmiths announces £10.8m payout for 11-year-old left disabled from birth

Access Legal from Shoosmiths has announced Milly Evans, an 11-year-old-girl left severely disabled from birth, was awarded £10.8 million compensation.

The national law firm Access Legal and its team of medical negligence solicitors helped secure the amount - believed to be one of the largest ever in the UK - at a High Court hearing.

The injury to Milly happened during her birth at Lincoln County Hospital. Milly's mother, Kate Evans, was already in established labour when she was admitted to hospital at 7pm on 1 March 2001. Her baby's heart was initially monitored, but later heart rate monitoring was totally inadequate. By 10pm it was discovered  the baby had an abnormal heart rate and was suffering fetal distress.

Milly was born at 10.20pm and transferred to the neo-natal unit, where she underwent resuscitation and suffered a seizure. Mrs Evans said if the baby's heart had been properly monitored, the midwife would have spotted the fetal distress sooner and Milly would have been delivered earlier and not suffered catastrophic injury.

After many years, United Lincolnshire Hospital NHS Trust, which runs Lincoln County Hospital, eventually admitted liability for its mistakes, but national law firm Access Legal from Shoosmiths had to fight to secure adequate compensation for Milly.

Milly suffers from cerebral palsy and requires 24-hour care. In addition to being confined to a wheelchair, she is unable to speak and is dependent on others for all daily activities. Milly's intellect has remained fairly well intact, and she communicates through an eye-gaze system.

Milly's parents will use the money to pay for past and future full-time carers, plus ongoing treatment, education, special equipment, transport, and loss of future earnings. Additionally, the compensation amount takes into account general damages for pain, suffering and loss of amenity.

Mr and Mrs Evans have had to make many sacrifices for their daughter over the last 11years. Milly's father, Andy, was an RAF Squadron Leader and a former member of the famous Red Arrows display team. He was not able to continue with his career as a consequence of Milly's disabilities.

Milly will now be able to have a specially-adapted home featuring hoists and a hydrotherapy pool, and it will be big enough for Milly to access all rooms in her wheelchair.

Mrs Evans said: "We've all been through a very difficult time. The money will never make up for the mistake that condemned Milly to a lifetime of dependency on others. However, it will ensure that Milly is provided with full-time care and equipment throughout her life. We now want to build a loving and secure life for Milly in a new adapted home."

Access Legal partner and medical negligence specialist Denise Stephens said: "Milly is an amazing girl, with a beautiful smile and a sense of humour. She requires round-the-clock care and attention, and will do so for the rest of her life. It was crucial, therefore, that we were able to secure a compensation award of this size to provide for Milly's needs."

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