A seven-year-old girl who is described as having her mind “trapped in a body” has been awarded £10m in compensation following birthing errors.  Eva Totham from south-east London was starved of oxygen during birth in 2007, which left her with severe cerebral palsy. King’s College Hospital NHS Foundation Trust admitted failings and accepted liability for her brain injuries.

The compensation package awarded to Eva will cover all past and future care costs and loss of earnings as Mrs Justice Elisabeth Laing ruled that she most likely would have attended university. The trust agreed to compensate for the majority of the items claimed for but disagreed with the £1.4m set aside for pain, suffering and loss of enjoyment of life. 

“not about money”

Justice Laing highlighted the fact that Eva attends a mainstream school but struggles to get around without assistance. She said: “I am satisfied, on the balance of probabilities, that Eva is beginning to be aware of the limitations which her injuries now impose … And that that realisation will be an increasing source of frustration and perhaps unhappiness.”

The family’s solicitor said that the family was relieved with the outcome following the six-year case, but that it was “not about money”. She said that it was simply about “securing justice” for Eva and her family after the trust’s doctors failed to deliver her safely.

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