Seven year legal battle against NHS Trust finally over.

A seven year legal battle finally ended for the parents of Theo Kramer when the High Court awarded £6.4 million to Theo in settlement of his medical negligence claim.

Theo Kramer, now 8 years old, has been awarded £6.4 million in settlement of his medical negligence claim.  He suffered severe brain damage during his delivery at the Edgware Birth Centre, in Burnt Oak. Theo was born unconscious after a student midwife failed to monitor his heart rate properly during Mrs Kramer's labour.  He was transferred to Barnet General Hospital after the Birth Centre had spent 20 minutes trying to revive him.

Theo is unable to sit up unless supported and will never be able to walk. He is almost completely paralysed and has severe learning difficulties.

The legal battle that followed the birth of Theo Kramer went on for seven years surely adding to the distress of the family.  In January 2011 the battle finally ended when the High Court awarded a a lump sum of £2.75 million and £235,000 a year until he is 19 and £275,000 a year thereafter.  Barnet and Chase Farm Hospitals NHS Trust are to make the payment on behalf of Edgware Birth Centre in London. In a statement issued after the hearing, the family's solicitors said the trust admitted the birth centre was negligent.

Barnet and Chase Farm Hospitals NHS Trust only admitted liability for Theo's injuries in 2009.

After the hearing Mr Justice Tugendhat expressed his "admiration and sympathy" to the boy's parents, Janet Evans and Earnie Kramer over the "catastrophe that Theo has suffered".

Medical negligence cases are notoriously difficult to pursue as they can be extremely expensive to fund and may take years to see through to a conclusion with no guarantee as to the outcome.  There have been calls for such criticisms to be addressed.  It was 10 years ago, that Lord Justice Otton put forward the view that such cases might be better dealt with by Tribunals.




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