£5.6m damages for brain damaged boy

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Rajan Kanda was a "very happy boy" despite the moderately severe cerebral palsy he has suffered since his birth at Gravesend and North Kent Hospital in September 1997, his counsel, Dr Michael Powers QC, said in London.

The failure to deliver Rajan by Caesarean section following a high-risk pregnancy led to him being deprived of oxygen and he now has problems with walking and memory, although he is of average intelligence and a popular pupil at his mainstream school.

Because the condition affects the muscle tone in his limbs, he is likely to become increasingly wheelchair dependent as he approaches middle age, and will require additional care.

Rajan, who lives with his parents, Lakhvinder and Mina, on the outskirts of Bedford, was in court to hear Mr Justice Bean approve the settlement against Dartford and Gravesham NHS Trust, which admitted liability at an early stage.

The 10-year-old hugged his mother as the judge said: "Everyone must admire the care his parents have given and will continue to give over many years to come. In that respect at least, he is a very lucky little boy."

Cara Guthrie, counsel for the Trust, also commended the family and hoped that the compensation would make Rajan's life easier and help him fulfil his potential.

She said: "I'd like to take this opportunity to apologise that the care he received at the time of his birth was below what he ought to have received. We recognise that his brain damage has made life difficult for him and his parents."

The family's solicitor, Sue Jarvis, said later: "This is an excellent settlement for Rajan because, not only will he have the reassurance of the annual payments to pay for his care needs, but he also has enough funds to pay for much needed physiotherapy, aids and equipment. It is hoped that with the help of his carers, Rajan will be able to live as independently as possible once he reaches adulthood."

As part of the settlement, Rajan will receive a £943,000 lump sum plus annual payments for the rest of his life.