Milly Evans, an 11-year-old-girl left severely disabled from birth, has today (Monday 30 April) been awarded £10.8m compensation.
National law firm Shoosmiths 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, and by 10pm it was discovered that the baby had an abnormal heart rate and was suffering fetal distress. There followed a delay in delivering the baby.
Milly was born at 10.20pm and transferred to the neo-natal unit, where she underwent resuscitation and suffered a seizure.
Mrs Evans said that 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 Shoosmiths from Shoosmiths has had to fight to secure adequate compensation for Milly to provide for her needs for the rest of her life.
Milly suffers from cerebral palsy and requires 24-hour care and help with all aspects of daily living. She is confined to a wheelchair. Milly is unable to speak and is dependant on others for all daily activities. Milly's intellect has remained fairly well intact, and she communicates through an eye-gaze system. Her mind is 'locked in a body that does not work'.
Milly's parents will use the money to provide lifetime care for their daughter, and to ensure she has a positive life experience as far as possible given her condition.
The money will be used to pay for past and future full-time carers, plus ongoing treatment, education, special equipment, transport, and loss of future earnings. It also includes general damages for pain, suffering and loss of amenity.
Mr and Mrs Evans have had to make many sacrifices and provide 24-hour care for Milly. They have provided exceptional care for their daughter over the last 11years, and will continue to do so. They have also been supported by a very close network of family and friends.
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: "Milly is a very beautiful, bright, kind and loving daughter, with a wicked sense of humour. Unfortunately, she is trapped inside a body that does not function, and she is not able to do the very basic things that we all take for granted."
"I feel utter grief and loss for the life that Milly could have had if she had she not been injured. Milly is a very much loved member of the family, and we all feel privileged to have such a lovely daughter."
"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."
"Milly is incredibly hard working, adventurous, and positively enjoys many activities. including sailing. We are over the moon that not only will Milly be looked after financially for the rest of her life, we can now pay for the technology and modifications needed to help her achieve her full potential."
Shoosmiths 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."
"Milly's family want her to have a good quality of life, she is a much loved daughter and it has been a pleasure working with the family. Milly's life and her family's life have been devastated and it is a credit to them how they have coped so well in such adverse circumstances."
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