Mayday Hospital has agreed to pay more than £4million in compensation to the family of a seven-year-old boy left severely disabled by medical blunders.
Joshua Hillard was born severely brain damaged at Mayday in June 1999 due to a delay in his delivery "as a result of the carelessness and poor quality of care provided", his counsel, Mr Peter Andrews QC, told London's High Court.
But, although unable to sit, stand, walk, or speak in ways that anyone else but his parents can understand, the barrister said his intellect remained intact. He also described Joshua as "a delightful child who has charmed all those with whom he has come into contact".
His devoted parents Sheila and Ray, of Christy Road, Biggin Hill, Westerham, Kent, have devoted their lives to Joshua's care.
Through his mother, Joshua sued the hospital's managers, Mayday Health Care NHS Trust, who this week agreed to settle his case for well in excess of £4 million after admitting liability.
Barrister Roger Harris expressed the Trust's "profound apologies" to the family for what went wrong in Joshua's case and paid tribute to his parents' "incredible determination, dedication and industry" in providing nothing but the best for their son.
He said that, despite everything, Joshua is a "vivacious, bright and delightful child".
The court heard Joshua was starved of oxygen before his delivery and his lawyers argued there was a negligent failure to adequately monitor his progress in the womb. Had he been delivered earlier, they claimed, he would have escaped any lasting injury.
Mr Andrews said Joshua was stricken by a "cascade of involuntary movements" but the barrister said he has been able to achieve some independent movement by "scooting along" on his back, managing to "move extremely fast" on polished wooden floors.
Although he has no ability for "expressive language", Mr Andrews said his parents can understand some of the sounds he makes as meaning, yes, no and hello.
His parents are determined that he should have the very best in education and care to ensure that he makes as much of his life as he possibly can, and there are plans to send him to a leading special school, at a cost of £53,000-a-year, the QC added.
Mr Andrews said: "Given his starting point, he's made remarkable progress due to the devotion and care of his parents", who can now afford a professional care regime while remaining intimately involved in Joshua's on-going care."
The QC said no amount of cash could adequately compensate Joshua who will suffer the effects of his "catastrophic" injuries "for every minute and every second of his life".
However, he told the judge the payout would give Joshua and his family room for optimism in the future.
Approving the settlement, Mr Justice Grigson expressed his "personal admiration" for Joshua's parents in the way they had dealt with the catastrophe and wished the family "all the very best for the future".
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