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£10m for girl, 7, whose mind is ‘trapped in body’

A seven-year-old girl whose mind is “trapped in a body” that will not do as she wants has been awarded £10.1million in damages.

Eva Totham, from Dulwich, was starved of oxygen as she was being delivered at King’s College Hospital and she now has severe cerebral palsy.

During a contested trial at the High Court, the hospital accepted liability for Eva’s injuries but disputed some of the damages claimed.

The compensation awarded by Mrs Justice Elisabeth Laing covers Eva’s past and future care and loss of earnings after it was ruled she would most likely have gone to university.

In a ruling given on January 22, the judge said: “I had a strong sense of an energetic, inquisitive mind trapped in a body that will not do what Eva would wish it could do.”

A spokesperson for King’s College Hospital said: “We are pleased compensation for Eva and her family has been confirmed. We would like to apologise again for the care she received in 2007.

“We have learned important lessons from this case, which we have used to improve the services we provide for mothers-to-be coming to King’s.”

The case was won by solicitor Agata Usewicz, of law firm Hodge Jones & Allen.

She said: “No amount of money will ever compensate for the injuries Eva has sustained, but this award will ensure that she is provided with the care she needs for the rest of her life, and has the opportunity to live her life to the fullest.

“The judgment brings to an end six years of the family’s fight for justice.”


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