Disabled boy wins £6.6m compensation for botched birth

A boy who was left with profound disabilities as a result of medical negligence during his birth has been awarded a compensation package worth around £6.6m.

Leo Whiten, now aged seven, was left with severe brain damage as a result of his delivery at London's St George's Hospital in 2004. He suffered "catastrophic injuries" during the birth, and will require others to care for him for the rest of his life.

Leo, from Tooting in south-west London, claimed damages against the St George's Healthcare NHS Trust for personal injury and financial losses sustained as a result of the negligent management of his mother's labour and his birth.

At the High Court yesterday, Mrs Justice Swift, who assessed the various sums to be paid, said the experts agreed that Leo "will always be totally dependent on the care of others for all his daily activities".

She added: "He will never be able to live independently, will not be capable of any form of employment and will never have the necessary mental capacity to be able to manage his own affairs."

Breach of duty was admitted in September 2005, said the judge, and in March 2006 "the defendant further admitted that its breach of duty had caused the claimant's injury".

Leo was the first child of Simon Whiten, now aged 42, and Samantha Nowell, now 33. At the time of his birth they both had "well-paid employment". Leo has limited mobility and cannot stand or walk unaided. He can vocalise, but has no "functional speech".

Mrs Justice Swift, giving her ruling in London, said: "Despite his profound disabilities, it is clear that he is a very engaging and generally happy child who is socially aware and thoroughly enjoys the company and attention of adults and other children."

The award includes a lump sum of £2.7m, while most of the damages will be in the form of annual payments to ensure care for Leo for the rest of his life.