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£12m injury payout from South Tees Hospitals NHS trust

Toby Hart, from Bedale, who was left severely disabled after problems during his birth, has received an NHS pay out of £12m.

What happened?

Toby, who is now 7-years-old, was left with permanent brain-damage after his heart rate slowed to a dangerously low pace during his birth.

Medical staff failed to spot that he was in distress, and he was born 25 minutes later than he should have been.

The lack of oxygen to his brain has left him suffering from cerebral palsy and epilepsy. He also has a severe learning disability, is registered blind and needs 24-hour care, support and rehabilitation for the rest of his life.

What was the outcome?

South Tees Hospitals NHS trust has apologised for failures in Toby’s care and has been ordered to pay 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.

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.”

If you, or someone you know, has been affected by medical negligence, and you would like expert advice, contact the Hampson Hughes Solicitors Medical Negligence Team today on 0151 242 1025 or email

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