A HOSPITAL has agreed to pay £7.3million to a wheelchair-bound girl from Letchworth who suffered a devastating brain injury after doctors failed to respond quickly enough to her collapsed lung.
Danielle Marshall was born premature in the 31st week of pregnancy but she was making good progress in the special care baby unit at the Lister Hospital in Stevenage.
But she then suffered a collapsed lung and yesterday the East and North Herts NHS Trust which now runs the hospital admitted negligence in failing to respond promptly to the problem quickly enough.
As a result of the delay – which occurred in 1999 – Danielle suffered a devastating brain injury and is left with severe mixed spastic and kynetic cerebral palsy, problems in feeding and speaking and learning difficulties.
Some 12 years later she now uses an electric wheelchair and it is unlikely that she will ever sit, stand or walk unaided or be able to live independently, work or manage her own affairs.
Danielle wakes up to 20 times each night and requiring constant care and attention from her family.
The Royal Courts of Justice today (Tuesday February 21) approved the settlement for her which will see her receive a lump sum of £2,820,000 and annual payments to provide care for the rest of her life.
Sue Jarvis, a partner at solicitor Blake Lapthorn who acted for Danielle, said: "Although Danielle's life expectancy has been reduced by the negligence of the trust, her family are now assured that her care will continue to the same high standard as they have provided even when they are no longer able to care for her.
"The lump sum will enable Danielle to purchase and adapt suitable property and to obtain the aids, equipment and professional care that she needs to maximise her potential."
In response the trust’s chief executive Nick Carver said: "This case dates back to June 1999, following failings in Danielle's care whilst on the Lister's special care baby unit.
"Although her case pre-dates its creation in April 2000, the trust has since written to Danielle's family apologising for the treatment she received in 1999 and also reassuring them that the issues involved have been reviewed to ensure that lessons were learnt.
"Inevitably the settlement of such claims often take a long time to complete as it is important that the full extent of a child's long-term care needs are assessed carefully and fully.
"We hope that the settlement agreed will provide Danielle and her family the security they need for the rest of her life."




