Parents asked to pay back pounds 700,000 award

Less than a month since it paid pounds 700,000 compensation to a brain- damaged nine-year-old girl, a health authority said yesterday it would claim the money back after she died suddenly.

The family of Hollie Calladine condemned the action as "outrageous" and her mother, Toni, said she would fight to keep the settlement granted to her for the injuries her daughter suffered at birth.

Hollie, from Gedling, Nottingham, was left blind, tetraplegic, epileptic and with cerebral palsy. Nottingham Health Authority earlier conceded 75 per cent legal responsibilities.

Doctors allegedly delayed Hollie's birth too long, ignored her distress and misinterpreted blood tests. The claim alleged she should have been delivered by emergency Caesarean section and that, had this been done, she would not have suffered brain damage caused by lack of oxygen.

The health authority took legal advice after Hollie died from respiratory cardiac arrest on 27 May - just eight days after the award was made.

Dr Julie Woodin, chief executive of Nottingham Health Authority, confirmed that it had yesterday sought leave to appeal against the 19 May damages settlement and would seek a ruling on the element of the award made for Hollie's long-term future care. The action is believed to be unprecedented.

Dr Woodin said the decision was made on legal advice which stated the authority had a financial duty and a statutory and moral responsibility to "ensure that NHS funds are used to meet the needs of the greatest possible number of patients".

The authority will not contest the element of damages agreed as part of the total settlement for the pain and suffering and costs of care experienced during Hollie's lifetime. Instead, it would look at the amount allowed for the youngster's long-term care during her expected lifetime.

But the Calladine family's solicitor, Paul Balen, said: "Not content with having put Hollie's parents through the distress and suffering of a lengthy compensation battle, NHA now seem determined to ensure that Hollie is not allowed to rest in peace and the parents are not left to grieve quietly."

He said the courts and their decisions had a degree of finality and the settlement should remain binding on the authority.

"Had their daughter lived longer, then either party's experts had anticipated there would have been no question of Hollie's parents going back to court and asking for more money," he said.

Mrs Calladine said: "I shouldn't have to go to court again. We've been through the courts eight-and-a-half years, but I will fight on. I'm doing it for Hollie and my family. I didn't fight all that time to let it just go down the pan."

Dr Patrick Dando of the Medical Defence Union, a legal advisory body which defends doctors against negligence claims, commented: "This part of the law has not been tested. It will be interesting to see how the case is argued and what the terms of the judgment are. One can only speculate at this stage, but it could make a big difference."