Disabled at birth - Rhiannon Hayman is awarded 6.5m

HAYMAN v ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD

The mother of Rhiannon Hayman, now aged 15 years old and who has been left with severe cerebral palsy following negligent mismanagement of her birth at the Princess of Wales Hospital, Bridgend, has today spoken of her relief that her family's battle to obtain compensation for her daughter is now over.

Rhiannon's mother was booked to have her delivery at her local hospital, the Princess of Wales Hospital, Bridgend.  Rhiannon was born in what is known as the 'Breech' position, that is, her legs were delivered before her head.  The hospital failed in their duty to provide Mrs Hayman and Rhiannon with a reasonable standard of care and errors during her birth caused Rhiannon significant brain damage.  However, after a lengthy legal battle, Abertawe Bro Morgannwg University Local Health Board, which has responsibility for the hospital, admitted in 2008, that the care Mrs Hayman and Rhiannon received fell below a standard of care. 

Rhiannon suffered a severe lack of oxygen, leaving her with significant and lifelong brain damage.  She is unable to walk unaided, talk or feed herself and will require life-long 24-hour care and assistance.  Since the Health Board's admission, Rhiannon's legal team, consisting of Tim Dyde, head of medical negligence at Tozers LLP in Exeter and Oliver Thorne, have been working with their team of experts and barristers to accurately value the additional care, assistance and various aids that Rhiannon will require over the course of her lifetime.  Mr Dyde commented: "At Tozers we are experienced in acting for children with various disabilities and we find that assessing damages for children with brain injuries is always challenging and can take a significant amount of time.  It was necessary for us to employ a number of experts in varying specialisms to ensure that Rhiannon's needs were assessed accurately, to ensure she received all of the assistance she requires.  Rhiannon is a very determined, intelligent girl and her family should be commended for the care and assistance they have afforded her since her birth."

A trial was set to take place this month at the Royal Courts of Justice, London, but negotiations between Rhiannon's legal team led by Tim Dyde of Tozers LLP with barrister David Westcott QC, and the legal representatives of Abertawe Bro Morgannwg University Local Health Board, resulted in a settlement of a range of annual payments ranging from £105,000 to £160,000 over the course of Rhiannon's life, together with an additional lump sum of over £2 million.  The settlement, known as a structured settlement, equates to a lump sum of approximately £6.5 million.

Following a long and complicated case Rhiannon's parents are relieved that they can put this behind them and look forward to life with Rhiannon and the rest of their family.  Her mother said: "The effect of our daughter's disability has been devastating on us and our whole family.  Money cannot change what has happened to Rhiannon, however we hope that it will fund her complex needs for many years to come.  No amount of money will compensate for the fact that she will be unable to lead a normal life like her brother and sister - go out by herself, leave home and live independently and start a family of her own.  Rhiannon is a very focused, intelligent, happy and sociable girl.  She loves playing with her brother and sister and listening to different types of music.  Rhiannon lives her life to the full, and the money she is going to receive will help give her the life she deserves.  As a family we are relieved that this compensation will enable her to fund the equipment, living costs and 24 hour care which she will need for the rest of her life."

Please also visit the BBC news website and Wales online concerning the recent settlement of the case.

http://news.bbc.co.uk/1/hi/wales/8478847.stm

http://www.walesonline.co.uk/news/wales-news/2010/01/25/remarkable-girl-handed-6-5m-medical-compensation-91466-25680083/