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£6.5m birth liability agreed for 15 year old cerebral palsy sufferer

Posted in: Medical Negligence 

The family of a child born with cerebral palsy after undergoing birthing complications has received £6.5m after the hospital admitted liability. 15-year-old Olivia Banks was diagnosed with the condition just before she turned 1-year-old – a result of her brain being starved of oxygen during birth. Olivia, from Parkfields in Wolverhampton, requires 24/7 care and support, which Royal Wolverhampton Hospitals NHS Trust has agreed to cover with a payment of over £6.5m.

This settlement will provide Olivia with life-long care, allowing her to have “as full a life as possible” – said her mother, Marlene Banks. The condition was due to Olivia being delivered with her umbilical cord wrapped around her neck in 1998, which caused her to be born blue and not breathing. Having being diagnosed with the condition after 11 months, she now attends a specialist school, but requires 24-hour-care and is unable to walk without assistance.

Not only has the condition affected her physically, but she also finds communication very difficult and is easily frustrated when not understood. She is currently being taught sign language.

‘The best possible care’

The family’s lawyer, Laura Ralfe, said: “Olivia’s family have shown tremendous love and dedication in ensuring she has the best quality of life possible but we hope the settlement now gives them peace of mind that whatever the future holds, Olivia will be given the best possible care.

The Royal Wolverhampton NHS Trust said that they hope this settlement will allow Olivia to live her life to the fullest, and have granted their “best wishes for the future”.

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