Josh's family lose compensation bid

Siblings - Josh with sister Caitlyn and baby Jayden

Siblings - Josh with sister Caitlyn and baby Jayden

First published in Echo News
Last updated

THE family of an eight-year-old boy who was born severely disabled have had their hopes of winning multi-million-pound compensation to pay for his care dashed by a top judge.

Josh Tippett from Lincoln Chase, Southend, suffered brain damage when his umbilical cord collapsed before his delivery at St Thomas’ Hospital, in central London, in November 2005.

He was born “effectively lifeless”

and would have died had medics not fought to revive him.

Josh was left suffering from cerebral palsy and epilepsy, as well as a catalogue of serious disabilities which confine him to a wheelchair.

He will be dependent on round-the-clock care for the rest of his life.

At London’s High Court, his parents, Karyn and Martin, fought to prove there was a negligent delay in his delivery and sought damages on his behalf from the Guy’s & St Thomas’ Hospital NHS Trust.

However, while expressing his regret at the lifelong injuries Josh suffered, Mr Justice Dingemans yesterday dismissed the family claim.

It means Josh won’t receive a penny in compensation.

The judge rejected claims thatamidwife had failed to spot ominous signs of foetal distress before Josh’s birth and ruled that, even if events had developed differently, he would not have been delivered in time to escape brain damage.

The judge said: “I should leave the final words to Josh’s grandfather, Robert Clark. He gave evidence and listened with dignity to the whole case.

“He asked if he might correct one thing which had been suggested in court. He said it was wrong to say Josh was a burden; he said Josh was, and is, a blessing to the family.”

Describing the tragic events on the day of Josh's birth, the judge said his heart rate had plummeted abruptly just before 2pm.

The midwife pushed the emergency buzzer minutes later and Josh was born by emergency caesarean section within half an hour of the alarm being raised.

By the time he came into the world, his heart had stopped and he had to be resuscitated.

The case centred around the disconnection of a trace used to monitor Josh’s vital signs for about an hour and a half before the crisis developed.

The judge found the midwife was not responsible for that and ruled that, even had the trace remained in place as it should have done, the tragic outcome would have been no different.

In the past, the family has had to hold fundraising events to raisemoney for Josh to have the specialist treatment he has needed.

They raised £3,000 for the youngster to have special therapy and exercises, at the Advance Centre, in West Sussex, which specialises in the Scotson technique which focuses on strengthening the chest and stomach muscles associated with breathing to improve blood supply and, along with it, nerve and muscle connections

Comments (9)

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9:43am Thu 3 Apr 14

Kim Gandy says...

Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here. Kim Gandy
  • Score: 9

9:49am Thu 3 Apr 14

Bettycraven says...

Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Yep I actually agree with you here, they must get some help one way or another.
[quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Yep I actually agree with you here, they must get some help one way or another. Bettycraven
  • Score: 6

10:10am Thu 3 Apr 14

Kim Gandy says...

Bettycraven wrote:
Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Yep I actually agree with you here, they must get some help one way or another.
Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies.

I am not an unreasonable person, just passionate about what I believe in.
[quote][p][bold]Bettycraven[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Yep I actually agree with you here, they must get some help one way or another.[/p][/quote]Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies. I am not an unreasonable person, just passionate about what I believe in. Kim Gandy
  • Score: -5

10:37am Thu 3 Apr 14

MilesBond says...

Poor representation by their solicitors perhaps?
Poor representation by their solicitors perhaps? MilesBond
  • Score: -2

10:47am Thu 3 Apr 14

carnmountyouknowitmakessense says...

Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Years gone by the severely handicapped didnt make it past the maternity ward, as for the principle of live, and let live, is great, but dont then go carping on about compensation, for one of the many facets, of birth.
As for the Ketchup slip, job done, they were liable and thus had to pay...
[quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Years gone by the severely handicapped didnt make it past the maternity ward, as for the principle of live, and let live, is great, but dont then go carping on about compensation, for one of the many facets, of birth. As for the Ketchup slip, job done, they were liable and thus had to pay... carnmountyouknowitmakessense
  • Score: 4

10:55am Thu 3 Apr 14

carnmountyouknowitmakessense says...

Bettycraven wrote:
Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Yep I actually agree with you here, they must get some help one way or another.
A bottle of sauce is better value, the new plastic one, less chance of slipping on it
[quote][p][bold]Bettycraven[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Yep I actually agree with you here, they must get some help one way or another.[/p][/quote]A bottle of sauce is better value, the new plastic one, less chance of slipping on it carnmountyouknowitmakessense
  • Score: 2

1:20pm Thu 3 Apr 14

Happy Chickie says...

Kim Gandy wrote:
Bettycraven wrote:
Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Yep I actually agree with you here, they must get some help one way or another.
Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies.

I am not an unreasonable person, just passionate about what I believe in.
Lots of people agree with you? LOL

Kimbo - hate to tell you but those voices in your head don't count.
[quote][p][bold]Kim Gandy[/bold] wrote: [quote][p][bold]Bettycraven[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Yep I actually agree with you here, they must get some help one way or another.[/p][/quote]Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies. I am not an unreasonable person, just passionate about what I believe in.[/p][/quote]Lots of people agree with you? LOL Kimbo - hate to tell you but those voices in your head don't count. Happy Chickie
  • Score: 9

5:23pm Thu 3 Apr 14

carnmountyouknowitmakessense says...

Happy Chickie wrote:
Kim Gandy wrote:
Bettycraven wrote:
Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Yep I actually agree with you here, they must get some help one way or another.
Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies.

I am not an unreasonable person, just passionate about what I believe in.
Lots of people agree with you? LOL

Kimbo - hate to tell you but those voices in your head don't count.
Trust old Gandy the UKIP Ousted Queen, to pick on an old story like that...
[quote][p][bold]Happy Chickie[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: [quote][p][bold]Bettycraven[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Yep I actually agree with you here, they must get some help one way or another.[/p][/quote]Lots of people agree with me, it's just that some daren't say it on here because of the resident loonies. I am not an unreasonable person, just passionate about what I believe in.[/p][/quote]Lots of people agree with you? LOL Kimbo - hate to tell you but those voices in your head don't count.[/p][/quote]Trust old Gandy the UKIP Ousted Queen, to pick on an old story like that... carnmountyouknowitmakessense
  • Score: 3

7:59am Fri 4 Apr 14

Nowthatsworthknowing says...

carnmountyouknowitma
kessense
wrote:
Kim Gandy wrote:
Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing....

Something seriously wrong here.
Years gone by the severely handicapped didnt make it past the maternity ward, as for the principle of live, and let live, is great, but dont then go carping on about compensation, for one of the many facets, of birth.
As for the Ketchup slip, job done, they were liable and thus had to pay...
Well said Capitan
[quote][p][bold]carnmountyouknowitma kessense[/bold] wrote: [quote][p][bold]Kim Gandy[/bold] wrote: Hang on, some teacher gets a quarter of a million pounds compensation for slipping on a sachet of tomato ketchup and this child gets nothing.... Something seriously wrong here.[/p][/quote]Years gone by the severely handicapped didnt make it past the maternity ward, as for the principle of live, and let live, is great, but dont then go carping on about compensation, for one of the many facets, of birth. As for the Ketchup slip, job done, they were liable and thus had to pay...[/p][/quote]Well said Capitan Nowthatsworthknowing
  • Score: 0

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