Brain-damaged boy wins High Court battle (From Wilts and Gloucestershire Standard)

Brain-damaged boy wins High Court battle

DISABLED Stuart Caldwell - born brain-damaged after he was starved of oxygen during his delivery in a military hospital - has won £3,275,000 million agreed damages for his plight.

Stuart,15, of Cirencester, is a "happy and intelligent" teenager, the High Court heard, but remains trapped inside a devastatingly disabled body due to severe athetoid cerebral palsy.

His counsel, Robert Francis QC, said Stuart was left "very seriously disabled" due to the negligent management of his birth at the RAF Hospital in Wegburg, Germany in December 1986.

Stuart's father was serving in the Royal Logistics Corps in Germany at the time of his birth.

Mr Francis said Stuart was "effectively a stillbirth". He was unable to breathe spontaneously until 20 minutes after delivery while his heart failed to beat properly for a further half-hour.

Stuart - suing by his mother Jacqueline - alleged a negligent delay by hospital staff in failing to spot signs of foetal distress and proceed to a prompt Caesarian delivery. The Ministry of Defence - which managed the military hospital - admitted liability for his injuries, said Mr Francis.

Stuart's birth injuries have rendered him "unable to control the movements of his limbs in any useful sense", he told the court.

He has "no meaningful speech", suffers from sporadic bouts of epilepsy and is "totally dependent on others for his care", Mr Francis told the court.

He paid tribute to the "devoted" care lavished on Stuart over the years by his parents. Despite his acute physical disabilities, Stuart was described as "happy and intelligent" and Mr Francis said he may "acquire additional understanding of his condition as he gets older".

Counsel told Mr Justice Elias: "Everything needs to be done to make his life, and that of his family, as tolerable as possible".

The judge approved the £3,275,000 settlement.

Caption: Stuart Caldwell (front) with his family after his £3.2million award, from left) his father George Caldwell, sister Helen, mother Jacqueline and brother Andrew.