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Tuesday, December 02, 2008, 09:28
Sophie Bessent, now 12, was born at the hospital in July 1996 and her lawyers argued that, had a specialist been on hand during her delivery, she could have been resuscitated more quickly and saved from at least some of the disabilities that will always blight her life.
According to documents before the court, there had been ominous signs that all was not right with the unborn baby on the morning of Sophie's delivery and her lawyers claimed medics should have been on alert that there might be problems with the birth.
Sophie, her mother Lynette Bessent's third child, was born with a zero "Apgar score" — a scale of 0-10 used by doctors to assess the condition of newborn babies — and her lawyers claimed crucial minutes were allowed to pass before she was properly resuscitated.
Sophie Bessent now suffers from cerebral palsy, renal failure and epilepsy as a result.
Through her 41-year-old mother, of Jubilee Place, Orchard Lea, Tiverton, Sophie sued the Mid Devon Primary Care Trust, who today agreed to a settlement of her case, without making any admission of liability.
Her counsel, Gordon Catford, said the case had been "hotly contested" by the Trust and the amount of Sophie's payout had been "discounted" to take account of litigation risks.
The amount of the youngster's payout was kept confidential but, even after that discount, it is still likely to be a seven-figure sum.
Mr Catford told Mrs Justice Dobbs that, while there would not be enough money to give Sophie all the professional care recommended by experts, the settlement would enable her accommodation and care needs to be "adequately dealt with".
Sophie's mother and father, Lynette and John, aged 46, have devoted their lives to their stricken daughter's care, but Mr Catford said the money would give them respite and "free them up so that they can run the shop which is their livelihood".
Mrs Justice Dobbs said: "I am satisfied this represents an appropriate settlement in the interests of Sophie."
She told Mr and Mrs Bessent: "I am sure that things must have been quite tough for you and I hope this settlement will make your lives a little easier."
The cash will be entirely devoted to the lifetime of care Sophie will need and the judge said she hoped she and her family will be able to lead as normal a life as possible.
Mr Angus Moon QC, representing the trust, had earlier paid tribute to the care lavished on Sophie by her parents.
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