A 6-year-old boy who suffered a brain injury after contracting the virus at the hospital disbursed a record £ 37 million paid to NHS

A six-year-old boy who suffered a catastrophic brain injury after his birth received a record payout of £ 37 million.

The child contracted the Herpes Simplex virus at Watford General Hospital, but this one was not detected, resulting in a two-day treatment delay.

The London High Court heard that the delay, which had seen the virus turn into a brain fever, had caused "catastrophic damage to its brain."

Madam Justice Lambert stated that the late diagnosis meant a delay in the administration of the antiviral drug Acyclovir.

"The consequences of negligence have been tragic for the boy and his family," added the judge.

The boy, who can not be identified, suffers from problems of sight and communication, cognitive difficulties and movement, as well as behavioral problems.

His lawyers sued the NHS Trust of West Hertfordshire Hospitals, which runs the hospital, for damages.

And Lambert JA stated that the trust acknowledged its responsibility for what happened to the boy at an early stage and agreed to settle his case.

The boy will receive a lump sum, as well as annual, indexed and non-taxable payments, to cover the 24-hour care costs he will need for life.

The capitalized value of the settlement, calculated over the lifetime of the boy, amounts to more than £ 37 million, said Mr Witcomb.

It is thought that this is by far the biggest reward ever awarded in a clinical negligence case, the previous record being about 20 million pounds sterling.

John Whitting QC, for the trust, said his executive director had written a letter of apology to the boy's family in May of last year.

He added, in the name of trust: "The care that he received was not of an appropriate standard and for that we are deeply sorry for it."

Lessons have been learned and steps have been taken to ensure that "nothing like this will happen again".

Madam Justice Lambert praised the "amazing care and dedication both parents have shown to the boy, at a very high cost to their physical and mental health."

She paid tribute to their "unwavering care and dedication to their son" and to the "personal sacrifices" that both of them had made.

"I am happy to approve the decision," added the judge, who wished the family "the best for the future".

Speaking after the hearing, the boy's attorney, Paul McNeil, of Fieldfisher's law firm, said he felt that it was something that was going on. the "most important" regulation ever paid by the NHS in a case of clinical negligence.