$9.5m negligence payment for WCH birth that ruined a life

The state government has finally agreed to a near-record payout over a disastrous birth error at the Women’s and Children’s Hospital 15 years ago.

The mother of a teenage boy left with severe disabilities after his birth at the Women’s and Children’s Hospital has received a $9.5m compensation payout.

The payment, one of the biggest medical negligence compensation awards in the state’s history, will pay for 24-hour lifetime care for the boy, now 15.

His family has been struggling financially while caring for him since birth. The boy has cerebral palsy, intellectual disabilities, autism, asthma and other problems, blamed on being deprived of oxygen for 27 minutes immediately after his birth.

The state government had sought to defend itself from the lawsuit lodged in the Supreme Court by claiming the disabilities were the result of his premature birth, at 29 weeks and three days.

The negligence claim was that the boy was not breathing spontaneously and so was put on resuscitation equipment – but this had not been assembled properly or calibrated correctly to deliver oxygen.

The government had conceded the equipment was not assembled correctly, and in May came to an agreement with the family to make the payment to end the lengthy legal battle.

The family’s lawyer, DBH Lawyers partner Peter Jackson, said the family was grateful and relieved the legal saga finally had come to an end.

“It has taken them 15 years to get there but now they will have a lifetime of help for their son and they are grateful for that,” he said.

“The family really was in dire need of help and had been struggling so this is a big relief.” SA Health released a statement confirming the state government had reached an agreement with the mother in relation to her son.