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Million-pound compensation payout expected, after trust failed to reveal autistic boy’s disability was caused by medical negligence at birth (15 June 2015)

Date: 15/06/2015
Duncan Lewis, Personal Injury Solicitors, Million-pound compensation payout expected, after trust failed to reveal autistic boy’s disability was caused by medical negligence at birth

A court has been told that the parents of an autistic boy only learned that his condition had been caused by medical negligence after they applied for a Blue Badge disabled parking permit for their car.

Ben Harman – now a teenager – suffered a birth injury after a hospital failed to diagnose that his blood sugar levels were “catastrophically low” at his birth in 2002.

He suffered brain damage and autism when medical staff failed to give him dextrose quickly enough, his parents discovered.

Ben’s mother Joanne sued the East Kent Hospitals NHS Foundation Trust and the trust admitted liability in June2013.

The High Court has said that Ben could be in line for a million-pound compensation payout from the trust, after his parents have struggled financially to support him, believing his disability had been caused naturally.

The High Court heard that although a teenager, Ben is so disabled that he only has the oral skills of a baby aged around six months – and his social awareness is only marginally better, meaning he struggles to relate to other people.

The court heard that Ben also experiences unpredictable temper outbursts and can be physically aggressive, while “shrieking” at the top of his voice.

Sitting in the High Court Mr Justice Turner said:

“There is a continuing risk of injury to himself and to others.

“He has only now started to hug his mother,” he added.

Ben will need lifelong care because of his disabilities – and the trust has so far paid his school fees at a specialist boarding school Prior’s Court in Berkshire, which he will attend until he is aged 25, the Evening Standard reports. His parents had fought their local authority “tirelessly” for funding for Ben to attend the school, the court heard. Prior’s Court is considered to be a “world leader” in the care and education of children who are autistic.

Mr Justice Turner said that Ben was “thriving” at the school – and returns home for school holidays and every other weekend.

The family have also been able to take their first foreign holiday for ten years, the court heard.

Ben will need lifelong care, however – and after leaving Prior’s Court he will need a care package to enable him to be cared for at home, with any compensation award potentially running into “millions”.

Mr Justice Turner said that after Ben’s birth, his parents were told nothing of what had happened to cause their son’s disability:

“When he was discharged, his parents were told nothing of the risk that his blood sugar levels may have caused lasting damage.”

They became worried, the High Court heard, when Ben failed to reach his infant development milestones – but had never suspected that their son was a victim of medical negligence.

The truth was only revealed in 2006 when they requested a medical report into his condition needed for an application for a Blue Badge parking permit.

Duncan Lewis Clinical Negligence Solicitors – No win no fee Medical Negligence Claims

Duncan Lewis is a leading firm of specialist personal injury and clinical negligence solicitors able to advise NHS patients and private healthcare patients on how to make a no win no fee claim for medical negligence, including claims relating to:

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For expert legal advice on no win no fee Medical Negligence Claims call Duncan Lewis 020 7923 4020.


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