£5.5 Million Damages for Disabled Teenager

A teenager who was severely disabled as a result of being deprived of oxygen at birth has secured £5.5 million in compensation.

During his birth, Daniel Kay, now 16, became distressed and passed meconium – a baby's first stool – which he then inhaled. Doctors tried to clear his airway but did not fully succeed and his oxygen levels continued to drop. Subsequently, when he turned blue, doctors failed to intervene and, thinking he was hungry, tried to sedate him.

Just over a day after he was born, Daniel suffered a circulatory collapse causing his brain to be starved of oxygen for 10 to 25 minutes. This resulted in significant damage to his brain.

Daniel now suffers from quadriplegic cerebral palsy, a condition which affects all the limbs. He requires a wheelchair and needs 24-hour care.

Independent medical experts later confirmed that Daniel's care had been sub-standard. He should have been delivered by Caesarean section and, when doctors discovered that his airway was partially blocked, he should have been intubated and ventilated.

The settlement, which was approved by the High Court, consists of a £2m lump sum together with annual payments of £130,000, which will cover Daniel's future care needs.

An interim payment of £615,000 has enabled the Kay family to buy a specially adapted bungalow suited to Daniel’s needs.

In the UK, there is normally a time limit of three years in which a personal injury claim must be made. However, where the injury is suffered by a child, the three year time limit begins from the date of their 18th birthday.