A BOY who was left severely brain damaged following the negligent handling of his birth, has been awarded £5.4m in compensation. Six-year-old Oliver Felton suffers from a form of cerebral palsy that has affected his limbs, left him unable to speak and impaired his vision. Gary Felton brought the High Court action against the Royal Surrey Hospital NHS Trust on his son's behalf. Mr Justice Gray said he hoped life would now be easier for the family. Oliver suffered from a "particular tragic case of catastrophic cerebral palsy" following his delivery at the Royal Surrey County Hospital on Christmas Eve 2000. The hospital eventually admitted negligence some months later. Oliver, whose life expectancy has been reduced by up to 25 years, is cared for by his parents and staff at the Chailey Heritage School in East Sussex. The pay-out will mean he can be cared for for the rest of his life. The Felton family, along with Oliver's brothers George, 12, and Henry, 10, has recently moved from Haslemere to a new home in West Sussex, which is being adapted to Oliver's special needs. Justice Gray said he read several statement's from Oliver's parents, Gary and Sally Felton, which spoke of the calamity that had befallen them. He added: "What impresses me is the marvellous way in which both of them, particularly Mrs Felton, have risen to the challenge and the unstinted devoted care which they have lavished on Oliver. "He is very fortunate in having two parents like that. "I hope that now this litigation has been concluded, and happily concluded, the natural feelings of anger and frustration which they have felt in the past may subside, and life on that front may become a little easier for them." The Felton's said, in a statement through their solicitor: "The family are relieved that Oliver's case has concluded and that they have secured Oliver's future. "Oliver and his family are extremely grateful to Stephanie Code of Charles Russell and Frank Burton QC for their support, advice and professionalism, without which Oliver's future security would remain uncertain. "Although Oliver has exceeded all expectations because of the care and dedication of his family, carers, therapist and teachers, he is profoundly disabled and needs constant 24 hour care. "Oliver attends Chailey Heritage School which is described by his parents as fantastic and they could not praise it highly enough. It is intended that Oliver will remain at this school until he is 19 years of age." Oliver has cerebral palsy affecting all four limbs and specifically he has fluctuating tone which means that his limbs are floppy at rest and when movement is required there is increased tone and stiffness. Oliver has some head control but no speech although he uses facial expressions to enable some limited communication. He has significant visual impairment and severe learning difficulties. He has complex and distressing gastric symptoms, and has had a gastrostomy. He has severely reduced life expectancy to approximately 24-25 years. The Felton's statement continued: "It was clear immediately that the treatment provided, in particular, by a locum obstetrician at The Royal Surrey County Hospital, had gone badly wrong and the hospital set up a serious 'untoward incident' investigation. Within a month the General Medical Council (GMC) had been notified. Despite clear evidence, fault liability was not admitted for 18 months until May 2002," the Felton's solicitor added. The trial to assess the value of the claim was postponed until a reliable assessment of Oliver's prognosis could be made and in the meantime he received substantial interim payments of just under £1 million in order to set up and run a care regime. After negotiations, a further lump sum payment was accepted. Oliver will also get £230,000 a year until he is 19 and £290,000 a year after that, equivalent to £5.4 million in total. The Guildford hospital said in a statement: "The Royal Surrey County Hospital NHS Trust is pleased that a settlement of the claim by Oliver Felton has been reached and approved by the High Court of Justice on November 19. "Oliver suffers from cerebral palsy as a result of events at the time of his birth in December 2000. Liability was admitted by the Trust in 2002. Since that time, the parties have been working to achieve today's settlement. This settlement will result in the payment of substantial damages to Oliver to meet his needs for the remainder of his life."
