South Tees Hospitals NHS trust in £12m injury payout

Toby Hart Toby Hart now requires 24-hour care after suffering brain damage during his birth

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A North Yorkshire boy left severely disabled following problems during his birth could receive up to £12m in compensation.

Toby Hart, from Bedale, was left permanently brain-damaged during his delivery at the Friarage Hospital in Northallerton in 2006.

A High Court judge has approved a deal between his family and the South Tees Hospitals NHS Foundation Trust.

The trust has apologised "for the failings" in his care.

According to the family's solicitors, the trust will pay out an initial lump sum of £2m, with Toby receiving up to £490,000 per year for the rest of his life, up to a total of £12m.

Law firm Irwin Mitchell said an abnormal heartbeat "was not acted upon" during his birth and "he was born 25 minutes later than he should have been, starving his brain of oxygen."

As a result, the lawyers said Toby, now seven, "suffers from cerebral palsy, epilepsy, has a severe learning disability, is registered blind and needs 24-hour care, support and rehabilitation for the rest of his life."

A spokeswoman for South Tees Hospitals NHS Foundation Trust said: "We are sorry that the care afforded to Mrs Hart and to Toby fell below an acceptable standard and that Toby suffered very substantial injuries as a result.

"The trust acknowledges that no amount of money can compensate adequately for the damage suffered but it is hoped at least that the agreed sum will give some financial security and provide for Toby's needs now and in the future."

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