Brain-damaged boy whose birth was 'tragically' delayed is awarded £3.7m

Two hospitals yesterday agreed to pay compensation of £3.7m to a brain-damaged boy whose birth was "tragically" delayed while his mother's consultant went on holiday.

Jordan Stutt, who is aged eight, suffered cerebral palsy after specialists repeatedly "put on hold" plans to carry out an induced birth during nine visits that his mother made to the hospital.

The boy's mother, Rachel Nash, was overdue when she visited the Weston General Hospital, in the Somerset city of Taunton, on Friday 17 June 1994. However, her consultant, Nirmala Vaze, postponed treatment when she went on three weeks' holiday.

The High Court, sitting in Bristol, heard that Ms Nash was subsequently admitted to hospital but was sent home again on eight occasions.

Rachel's lawyer, Andrew Hannam, told the court: "My client's health and that of her child were effectively put on hold by medical staff for three weeks while her consultant went on holiday.

"During that time, nobody took charge of the case or was apparently prepared to take the necessary decisions to protect their health."

On Monday 11 July Ms Vaze returned from her holiday, and after a third unsuccessful attempt to induce the baby, Ms Nash was moved to St Michael's Children's Hospital, in Bristol.

Jordan was finally delivered at 2.10am on 12 July, but the time that the baby had spent in the womb and the subsequent attempts to induce his birth had left him with cerebral palsy.

Jordan will now require round-the-clock care for the rest of his life. The child cannot speak and, although he can move, he suffers from ataxia – a movement disorder resulting in jerky movements and a tendency to stumble – and he has severe behavioural problems.

In a joint statement that was issued after the hearing, Weston Area NHS Trust and United Bristol Healthcare NHS Trust said that Jordan had been born with cerebral palsy that was caused by problems that were poorly managed during his mother's labour.

In the statement, they said that they had jointly admitted liability on 13 January 1999 and that the court had approved the settlement of Jordan's damages, which had been agreed out of court.

The joint statement continued: "The settlement means that Jordan's parents did not have to endure the further stress of having to give evidence at trial."

Judge Andrew Rutherford said that "dreadful mistakes" had been made. The Judge said: "This was a tragic case of a little boy, who, due to the negligence of a health authority, has suffered symptoms that will be with him for the rest of his life."

He said that the consequences of what had happened would affect Jordan for the rest of his life and that the boy would need constant care and attention, which was now being provided by his parents.

The judge said that he hoped the money would enable a care regime to be set up that would provide for Jordan's needs.

After the hearing, Ms Nash made no comment, but Mr Hannam, her lawyer, said: "We're pleased that it represents, as much as money can, a fair settlement."