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Enhancing Public Accountability: Key Elements of the Public Office (Accountability) Bill 2025
Kirsty Cook
James Bell and Laura Vincent Evans have settled a claim for a child who suffered a brain injury at birth.
The claim was brought by the child’s father as her Litigation Friend against the Royal United Hospitals Bath NHS Foundation Trust. The child, HXF, suffered a catastrophic brain injury following failures in care during her mother’s pregnancy and during birth. As a result HXF has four limb dyskinetic Cerebral Palsy, decreased muscle tone and partially reduced vision. She is unable to walk, crawl, sit or stand without support and is fed via a gastronomy. HXF is able to communicate through pointing, an Eyegaze communication device and a Pragmatically Organised Dynamic Display (PODD) book.
Liability in the case was settled in 2022, with admissions being made as part of the Early Notification Scheme including around failures during the birth such as not correctly measuring HXF’s heart rate or properly resuscitating HXF following her birth in poor condition.
A compromise settlement was reached for a lump sum, with annual periodical payments to cover ongoing care and case management.
The settlement was approved by the Court who noted that in terms of the claim made for past care by HXF’s parents, that their care had been “nothing short of remarkable”. The judge approving the award stated that it was “clear that the parents, through their stoicism, dedication, and resilience, have fought to adapt and to achieve the best life possible for HXF, and the court joins with the advocates in paying testament to their courage.”
We echo that sentiment and sincerely hope that the family can move forward and continue the incredible support they have provided to enable their daughter to live life to the full.