Скачать или смотреть GHA agrees £10.5m settlement over newborn baby's brain injury

The Gibraltar Health Authority has agreed to pay £10.5 million in the case of a newborn baby who suffered permanent brain injury after contracting salmonella.

Lawyers had been preparing to go to trial over allegations of medical negligence this week but reached a settlement last month, which also includes £430,000 in legal costs.

The GHA has not admitted liability.

GBC has asked the GHA for comment.

The case dates back to 2012, when an 11-day-old baby was first admitted to A&E at St Bernard’s Hospital following persistent vomiting.

Referred to as Patient Y due to an anonymity order issued by the court, the baby was seen by a doctor who consulted a paediatrician by phone.

He was subsequently discharged with advice to change to a different formula feed.

Four days later, Baby Y was readmitted with a life-threatening condition caused by a salmonella infection that had spread to his brain.

As a result, the court heard that he suffered severe and permanent brain damage, leaving him profoundly disabled and unable to lead an independent life.

In 2021, his mother brought a claim on his behalf against the GHA, with lawyers disputing the adequacy of the advice given when he was first discharged.

Baby Y was represented by barrister Andrew Cardona, whom the judge described as “very experienced in negligence claims.”

Speaking to GBC following the judgment, Mr Cardona said: 

“It has been a long and arduous journey in our pursuit of justice for Y. Whilst we acknowledge that the settlement has been reached without any admission of liability by the Gibraltar Health Authority, we sincerely hope that this case prompts a thorough review of the systems in place for managing neonatal and paediatric patients who present at A&E outside of normal hours.

These patients are among the most vulnerable, and it is vital that they are assessed by appropriate specialists before discharge whenever there is a risk of a serious medical condition."

The family told GBC: “We would like to express our heartfelt thanks to all those who have supported us throughout this process, and in particular to Phillips Barristers & Solicitors for their invaluable role in enabling our access to justice.”

The settlement of £10,570,000 plus costs must be paid by 17th November.

While the GHA has not admitted liability, the agreement is full and final, releasing the Health Authority from any further legal responsibility in the case.

Following the approval of the settlement, Judge John Restano described it as a “complex case.” He told the court that although the payment cannot resolve what happened, he hopes it will contribute to the claimant’s ongoing care and make “his and his family’s lives a little easier,” noting that “no amount of money can turn back the clock.”

Katy Docker reports.