Family's damages fight finally over

A 12-year-old Torbay boy, facing a lifetime of acute disability, has won the right to millions of pounds in compensation. Toby Dicks has been left with cerebral palsy, epilepsy and cognitive difficulties. Dad Steve said the family are 'over the moon' at the end of an 11- year battle for compensation.

South Devon Healthcare Trust, which runs Torbay Hospital, admitted 80 per cent liability in an out of court settlement agreed yesterday at the Royal Courts of Justice in London's High Court.

The exact amount of the payout is still to be agreed, but the damages claim is £3million. The court yesterday agreed a £110,000 interim payment to Toby and his parents until the full amount is finally assessed.

It ends an 11 year battle by the family for compensation which will ensure Toby receives the care he needs throughout his life.

Mum Dawn, 44, Toby's full-time carer and dad Steve, 47, a clerical officer said the settlement was a 'weight off their shoulders'. Toby is the youngest of their four children.

Mrs Dicks said: "This has been going on for years. "The amount Toby will receive will be very substantial and it will ensure he gets the care he deserves for the rest of his life".

In a highly complex case, Toby's lawyers claimed that, while under the nursing care of Torbay Hospital, he suffered blood contamination and septicaemia about a year after his birth in June 1995.

He began to have feeding difficulties in the first months of his life and was taken back into Torbay Hospital for treatment. He suffered jaundice and diarrhoea and had to be fed by tubes into his stomach.

That treatment led to septicaemia and life-threatening seizures which caused cerebral palsy, leaving Toby dependent on the devoted care of his parents, Dawn and Steve Dicks.

Toby had to be transferred to Birmingham Children's Hospital where he was diagnosed with a disorder of the small intestine.

But Mrs Dicks said Toby, who attends Coombe Pafford special school in Torquay, now needs round-the-clock care.

She said: "As a carer you have got to be behind him all the time and he is always going to need supervision throughout his life.

"We are not going to be around for ever and it worries us he will need care through his adult life."
The couple said family life had been hard for their other children Holly, 21, Callie, 19, and Ryan, 15: "They are super, very patient, but it has been hard on them because all of our time is taken up on the demands of Toby's condition."

Exeter-based firm Tozers handled the case.

Solicitor Tim Dyde said: "The case was very complex and unusual as Toby's medical experts in the legal claim believed he suffered his injury almost a year after his birth and not at the time of the birth itself, which is the more usual situation in successful legal claims for cerebral palsy."

Mr Dyde commented: "It was particularly gratifying to have obtained this result for Toby and the award of damages will go some way towards helping him lead the fullest possible active life."

He said Toby tries to ignore his disability and has a number of interests, including playing football for a special team formed for children with disabilities.

Describing the case as difficult, defence barrister Neil Block QC said the NHS Trust had, 'at the first opportunity', made an admission of breach of duty on the basis there had been a failure to refer him to a regional centre of excellence at the appropriate time.

Approving the settlement, Mrs Justice Swift said: "This was an unusual and difficult action for all parties and I am grateful, as I am sure the family are, that what seems to be a sensible and fair settlement has been reached."

Mr David Westcott QC, for Toby, earlier told the judge his damages claim had been valued at around £3million, although the exact amount of his payout will have to be assessed at another court hearing, unless final settlement terms are agreed before then.

The barrister told the judge Mr and Mrs Dicks could not be in court because 'they have their hands full with Toby'.

A spokesman for South Devon Healthcare Trust said: "Since the potential claim was first notified in 2003, there has been considerable debate about whether Toby's treatment for complex problems between June 1995 and July 1996 led to his cerebral palsy or not.

"Advice given by Torbay Hospital was that he should be transferred to a specialist children's centre for the treatment of his feeding problems, but his parents' wishes at that time - that treatment should be carried out locally - were respected.

"The settlement has been agreed to reflect the difficulties facing both parties in demonstrating what the precise cause of Toby's difficulties was.

"It is hoped this settlement should enable Toby to lead an active and hopefully semi-independent life and enjoy recreational pursuits such as football."

Courtesy of the Herald Express 12 May 2007