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Compensation has been awarded to the parents of a boy who was paralysed from the neck down after a delivery by forceps went wrong.

The 10 year old will require 24 hour care for the rest of his life.  His parents were suing NHS Greater Glasgow and Clyde for £23 million pounds but it is not known how much compensation was agreed.

Sadly the child, who is unnamed, cannot breathe unaided and needs care which will cost hundreds and thousands of pounds every year.  Lord Stewart ruled that the health board must make periodic payments of compensation throughout the lifetime of the child.

The case is an unusual one as usually in these types of cases, the compensation is awarded in one lump sum.  Lord Stewart’s reasoning for awarding compensation in this manner is that a lump sum award would either be too little or too much as you can not guarantee forecasts of life expectancy.  He wanted to avoid the family receiving a windfall at taxpayer’s expense should the patient pre-decease the family or worse still if the patient outlives the award and is left with no compensation to pay for the care. 

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