By Times Online and the Press Association
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A teenager was awarded £6.6 million agreed damages today for the birth injury which left him severely brain damaged.
Ryan Garrigan, of Oxford, who was born at the city’s John Radcliffe Hospital in November 1991, has cerebral palsy and mental impairment.
But he has a near normal life expectancy and full awareness of his disabilities and of the comparison between himself and others.
Deputy Judge Nicholas Wilkinson QC, at London’s High Court, heard that Ryan was able to use most forms of assistive technology and was likely to be greatly helped by specialist equipment and care.
But he would never be independent, would never enter the paid work force and would need assistance 24 hours a day.
Ryan was starved of oxygen towards the end of his mother’s labour, but the signs were not heeded and his delivery delayed.
By the time he was born by emergency caesarean section, he had already suffered permanent brain damage.
Ryan, in a wheelchair, and his mother Justine were at court to hear the judge approve the settlement of their claim against Thames Valley Strategic Health Authority on the morning of an estimated week-long hearing to assess damages.
Mrs Garrigan said: “This has been a long battle but we always knew that something had gone wrong and that it was the doctor’s fault that Ryan is the way he is.
“We have had to fight all the way for 15 years to prove it and to get Ryan the compensation that will make sure he is secure for the rest of his life.”
The family’s solicitor Helen Niebuhr, of Darbys, said: “Whilst Ryan’s award seems like a lot of money, he is a young man who will live a normal life span and needs 24-hour care and assistance.
“He will never walk and will never be able to work.
“Ryan is fully aware of his limitations and that he is different to others. “The lump sum award will be held in trust and used to provide for his needs for the rest of his life.
“The ongoing index linked annual payments will ensure that Ryan is able to pay for the care he needs in the future.
“It is certainly not a windfall - Ryan and his parents would very much prefer that he had never needed this award and was running around, playing rugby with his brothers.”
She added: “It is very unfortunate that this family have had to fight so hard for Ryan to get the compensation he deserves.
“It was not until the eve of the court liability trial on Ryan’s 14th birthday that the health authority finally admitted liability.
“It has also not been possible to reach agreement with them as to his level of compensation until the morning of the court hearing.”
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