A young girl left with devastating brain injuries by complications during her birth has won a seven-figure compensation payout at the High Court.
Ella Franklin, now 11, suffers from quadriplegia and cerebral palsy after problems during her mother's labour in 1999.
In a settlement approved by a top judge yesterday, Epsom and St Helier NHS trust agreed to pay "substantial damages" to compensate Ella for her pain and suffering, and cover her care costs for the rest of her life.
David Pittaway QC, for Ella, told the court her brain was starved of oxygen during her birth at the hospital, leaving her with brain damage and "problems with cognitive functioning".
He said the resulting disabilities mean that she would never live independently, and will need 24-hour care for the rest of her life.
Mr Pittaway said Ella's parents have since provided "an exceptional level of care for her" and "she is a very much loved member of the family".
Epsom and St Helier University Hospitals NHS Trust admitted liability for Ella's injuries, and yesterday agreed to a settlement of her case, which will take the form of a lump sum and index-linked, tax free, annual payments to cover the costs of her care for life.
Lawyers for the NHS trust offered their "sincere apologies" to the Franklins, who sat at the back of court, and said they hoped the payout would help the family in the future.
Approving that settlement, Mr Justice Griffith Williams told the court: "This is a terribly sad case. Mr and Mrs Franklin have carried a very heavy burden for the last 11 years.
"I have no doubt that that burden has been lessened by the obvious love and affection they have for Ella, but this is yet another case where I have to say that I am so impressed by the resilience of people in what, at times, must appear to be dreadful adversity.
"I wish them and Ella well for the future."
Lawyers declined to disclose the exact sum paid out by the NHS trust, but settlements in cases of such severe disability routinely run into several million pounds.
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