Woman left disabled by hospital infection at birth wins multi-million pound compensation deal

A 20-year-old woman, for whom a hospital bug infection when just a few days old spelt a lifetime of acute disability, has won a compensation deal worth almost four million pounds.

The day after her birth in January 1985, Claire McEvoy was placed in her cot in a hospital post-natal ward beside another baby who was infected with the Listeria bug, London's High Court heard.

Although she didn't thrive, staff at the William Harvey Hospital, in Ashford, Kent, failed to spot her condition and she was sent home to her family a week after her birth, only to be rushed back to the hospital by ambulance the following day.

The Listeria infection was the underlying cause of devastating hydrocephalus - water on the brain - which was not diagnosed until March 1986, more than a year after her birth, her counsel, Mr Brian Langstaff QC, told the court.

Although "a cheerful and happy" young woman, Claire remains utterly dependent on her devoted parents, Kim and Nicholas, both in their early 40s, who have sacrificed everything to look after her.

As well as impaired intellect and communication skills, Claire, who lives with her parents in Poplar, London E14, has "tremendous problems with mobility", said the QC.

She "can't and won't" be left by herself even for a moment and Judge Stephen Oliver-Jones QC observed: "Her mother, in particular, has had hardly a moment to herself in 20 years".

Afflicted to osteoporosis, Mr Langstaff said Claire once suffered a fracture which her mother didn't find out about for several days due to her communication difficulties.

The QC said the hospital's managers, Kent and Medway Strategic Health Authority, had admitted liability for Claire's injuries just before Christmas and, on 7 January - the day before her 20th birthday - formally apologised to her and her family.

Announcing the £3.9 million settlement of Claire's case, he said Mrs McEvoy had "willingly foregone" her own career prospects to devote her life to caring for her daughter.

Defence counsel, Mr John Grace QC, apologised to Claire and her parents on the health authority's behalf.

Expressing "great regret", he accepted hospital staff had fallen "below proper standards" in failing to recognise the risk of cross-infection with Listeria and in the failure to diagnose Claire's hydrocephalus earlier.

Observing that Claire's parents had "risen to the challenge" of caring for her, Mr Grace added: "It is quite apparent that Mr and Mrs McEvoy have looked after Claire in the best possible way and one can only have intense admiration for them".

Judge Oliver-Jones, who was shown photos of Claire on her 20th birthday last week, said she was "clearly a delightful girl" who had been saved from isolation and withdrawal into herself by the care lavished on her by her parents "seven days a week, 52 weeks a year."

Congratulating the couple on their "immense efforts", the judge said: "Her mother has had to cope with a daughter who has needed to be stimulated and encouraged in almost every aspect of her life.

"No amount of money can put things right - one can never undo the tragedy of these cases with money - but the money will always be there", the judge added.

He said it was "wonderful" that, even after 20 years of carrying the burden of looking after Claire, Mr and Mrs McEvoy are keen to continue, rather than relying on professional carers.

Approving the settlement, Judge Oliver-Jones told Mr and Mrs McEvoy: "I wish you both, and more particularly Claire, well in the near future and the long-term future".

Most of the £3.9 million pay-out will be invested in the Court of Protection to meet Claire's long term care needs. About £750,000 will be spent on buying a bungalow home for the family, specially adapted to meet her needs, the court heard.