Multi Million Pound Award for Birth Brain Damage

A Carlisle man has been awarded a multi million pound damages package following brain injury at his birth. The money will ensure 22 year old Simon Boustead can live independently with full-time support for the rest of his life.

Simon was born on 12th February 1987 to Belinda Boustead at the former City Maternity Hospital on Fusehill Street, Carlisle. Because of negligent delays in his delivery, Simon suffers from cerebral palsy, learning difficulties and right sided paralysis.  He will never be able to support himself financially and needs 24 hour support.

Belinda went into labour three months early. Initially the hospital adopted a “wait and see policy” hoping to delay delivery. With every day of development counting to a premature baby, this approach was sensible. However, when on 12th February, there were indications of feotal distress, the obstetric team continued to wait instead of delivering Simon by emergency caesarian section.

In May 2008, the case came before the High Court and The Hon Mr Justice Mackay agreed that the management of Belinda’s pregnancy and labour fell below the competent standard of care. In his judgment he said “the team was clinging to a strategy which had been defensible but was no longer so. Both mother and foetus were at risk.”

Over the last twelve months, Simon’s solicitors have been consulting health and social care experts to establish a detailed schedule of the costs of Simon’s life-time care. The settlement of a one-off payment of £1.5 million followed by annual payments throughout Simon’s life was agreed on 26th October 2009 at Manchester’s High Court in Chester.

Speaking after the settlement, Belinda said, “At the time I was young and although I knew there was something wrong, it wasn’t until there were complications with my second child that I realised just how different my treatment should have been. The process has been very difficult, but I had to do this for Simon. Not enough people speak up. If you think something has not been right, speak up and do something.”

She continued, “Simon wants to try things out, but will always need ongoing help and support. He can be forgetful, has difficulty walking on uneven surfaces and tires very easily. It is unlikely that he will ever get a job, but he does enjoy his volunteer work at a local animal charity. It takes a lot of planning even to arrange a short trip to the shops. He is a young man now and wants to be independent but he couldn’t manage on his own.”

At the hearing, Mr Justice Walker praised Simon and his family. He said, “I’d like to pay tribute to Simon Boustead for coping, in his fashion, with all that has befallen him and all those who have been involved in his care. I particularly mention his family who have made such enormous sacrifices to give him such a good quality of life. He has attained much more than many would have thought possible and this is testament to his personal qualities but also to the love and care that has surrounded him all his life.”

Belinda’s solicitor is Angela Curran, a birth trauma specialist from Burnetts in Carlisle. She said, “It took a long time to get Simon’s case off the ground and it has been fought tooth and nail by the Trust. We kept getting knocked back but we were both knew mistakes had been made and Belinda has been determined to get to the truth and to make sure Simon would always be well looked after. I’m full of admiration for her.”

Simon’s award will be paid into the Court of Protection and administered for Simon’s benefit to ensure his substantial and life-long care needs can be met. As well as needing somewhere to live independently, Simon will also need transport and a live-in buddy / carer to help him with day to day life.

26th October 2009

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