Girl Oxygen-starved at birth wins medical negligence compensation

Posted: February 19, 2015

Posted in: Birth Injury Head and Brain Injuries Medical Negligence 

A young girl who was left disabled after she was starved of oxygen at birth has been awarded compensation. Ayla Ellison, from Ulverston in Cumbria, suffered serious brain damage when hospital staff at Furness General Hospital in Barrow failed to provide her with enough oxygen during her “traumatic” birth in April 2007. Ayla, who is now eight-years-old, depends on constant care and has to be fed through a tube. 

In 2012, Morecambe Bay NHS Foundation Trust admitted staff negligence that resulted in Ayla’s disability. At London’s High Court it was ruled that the trust would pay a tax-free sum every year for the rest of her life. Mr Justice Warby ruled that the trust must pay an index-linked amount starting at £225,000 and rising to £290,000 when she turns 18. They have been providing the financial assistance since 2012.

“We are very sorry”

Now eight-years-old, Ayla is at constant risk of hypothermia as she is unable to regulate her body temperature, she suffers severe and painful muscle spasms that painkillers can’t help, and she is completely immobile.

Ayla’s father recently started work in London so the settlement included £1.6m to buy a family home in Richmond. Further money will be provided to install a hydrotherapy pool and home adaptions for Ayla’s care needs. The judge also awarded the family a lump sum of £295,000 for the pain and suffering caused.

Trust medical director David Walker said: “We are very sorry for the harm caused to Ayla and the distress caused to her family as a result of the issues arising from her birth.”

If you have been affected by medical negligence, and are looking to claim compensation, please contact us. 

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