Brain injured boy sues Nursery for £5m

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James Pitcher was left severely brain damaged when he fell from a changing table at a nursery in 2004.

James was 9 months old at the time of his injury and is not only suing the nursery for compensation but Mayday Hospital NHS Trust who delayed diagnosis of his brain injury.

James, is suing through his father, and his family hope the compensation payment will help them to provide the round the clock care James desperately needs. James’ lawyers have put a claim in of £5,054,526.

The family’s lawyer argued that agency nurses provided by the NHS are not sufficiently skilled to look after James and not all shifts can be covered.

In May this year the defendants admitted liability for James’ injuries and a court hearing will take place in 2009 to decide how much compensation he is entitled to.

The High Court Judge has awarded James’ an interim payment of £320,000 in order that his parents can carry out the £288,000 worth of alterations needed to their property in Purley.


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