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£4.5m blunder payout

Adam Derbyshire
28/ 2/2007

A TEN-year-old boy whose bright mind will be forever trapped inside his disabled body due to a hospital blunder during birth has won more than £4.5m compensation.

Joe Massey, of Sunningdale Drive, Glossop suffered severe oxygen starvation when staff failed to deliver him fast enough at Tameside Hospital in December 1996.

Judge Mr Justice Teare told London's High Court Joe's physical disabilities were "extreme".

Described as "generally floppy", Joe - whose ambition is to become a policeman - cannot sit without support and his speech is limited to the words "mum", "no" and "yes". He moves by rolling.

However, the judge said that "happily and remarkably", Joe's intelligence had been preserved intact and he is considered "a bright boy" at school. He is "animated and alert" and prefers the company of able-bodied people.

His mother, Janet, described him as "a normal boy trapped inside his body" and the judge said: "He himself wants to become a policeman".

Mrs Massey has "developed an intuitive ability" to understand Joe's needs and he is able to communicate with her by simple sign language. He communicates with others using a computer voice.

"One can only admire Joseph's attempts to cope with his severe physical disabilities, his mother's devoted care of her son over the whole of the last 10 years and her determination that Joseph should be able to lead as normal a life as possible."

Joe's lawyers sued Tameside and Glossop Acute Services NHS Trust, which admitted liability but disputed the amount of damages he should receive.

Mr Justice Teare awarded Joe £4,509,148, most of which is to cover the enormous costs of caring for him.

Mrs Massey said she had endured a decade striving to secure vital support from social services.

"It's so difficult because you have to scream for everything," she said.

Tameside and Glossop Acute Services NHS Trust expressed "its sincere regret for the injuries sustained by Joseph Massey as a consequence of the failure to expedite his delivery at Tameside General Hospital on 3 December, 1996."

Liability for his injuries was admitted nearly 18 months ago. The Trust apologised to Joseph and his family and since then attempts have been made to settle the claim.

"There were regrettably, however, issues which could not be resolved between the parties and therefore it was necessary for the case to be referred to court for resolution of a number of matters," said a spokesman.

"Although judgment has been given on those issues there remain outstanding matters, which need to be determined. The parties are working to finalise those."