£3.9 Million Award 35 Years After Negligent Treatment

A couple whose son suffered brain damage in hospital 35 years ago have been awarded £3.9 million in compensation. Maria and Leo di Giorgi, of Luton, had been unaware that their son, Salvatore, had suffered brain damage until he had a brain scan, at age 13, following an epileptic fit.

 

The compensation was confirmed after the High Court found that the brain damage had been caused as a result of the care Salvatore received at Luton and Dunstable Hospital when he was just four days old. He had to have an operation to remove a large section of gangrenous intestine. After the surgery, his condition worsened and swelling on the brain left him in a critical condition. He only survived because of the treatment he received when he was moved to the specialist paediatric facility at Great Ormond Street Hospital. Unfortunately, whilst his life was saved, the damage to Salvatore's brain was irreversible.

 

The damage was not obvious at the time it occurred, however. Salvatore’s parents only realised there was something wrong when his development did not match that of other children his age.

 

Mr Justice Eady described it as a remarkable story, with Salvatore's parents not discovering that there was a possible claim for more than 20 years and caring for their son devotedly throughout, without monetary compensation.

 

Because of his condition, Salvatore has been unable to gain independence from his parents and continues to live at home with them.

 

The High Court found that Salvatore's care in Luton and Dunstable Hospital had been negligent and he was entitled to damages.