Judge exonerates Blackburn hospital staff as historic bid for compensation is rejected

First published in News

A HOSPITAL medic at the centre of a multi-million compensation claim over a child’s tragic birth injuries 32 years ago has been exonerated by a top judge.

John Aspinall, suing through his mother, Evonne Taylforth, claimed massive damages from the NHS over catastrophic brain injuries caused by a stroke following his birth at Blackburn's Queens Park Hospital in April 1982.

Lawyers for John, who has ‘cognitive, behavioural and physical problems’, claimed the stroke occurred when hospital staff failed to detect problems after he was placed on a ventilator following delivery.

But Mr Justice Phillips yesterday cleared the hospital of all blame for the tragedy, singling out Dr Sunita Nagpal as deserving particular credit for her role. Lawyers had claimed that Dr Nagpal was ‘negligent in failing to detect and rectify a problem in the baby’s ventilation during a 45-minute period on April 9 – instead carrying out other procedures but without first ensuring proper ventilation’.

However, the judge rejected the claims, stating that it was ‘almost inconceivable that she would have gone about treating the baby for 45 minutes without noticing his chest was not moving’.

Mr Justice Phillips noted the staff could consider themselves vindicated.

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