Birth blunder gets Zoe £5m compensation deal

A Bexhill woman this week had a £5 million compensation payment confirmed more than 30 years after her daughter was brain damaged at birth.

She said: "This is for the rest of her life - if she lives to be 60, she is able to stay in her own home, which is why I fought for it."

Zoe Blair was the victim of a medical blunder during her birth which caused severe brain damage and cerebral palsy.

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She was deprived of oxygen when she was born eight days prematurely at South Shields Maternity Hospital in February 1974.

On Monday Zoe, 32, and mother Jean made their final trip to London's Court of Justice to hear the news that their seven-year legal action was over.

The financial agreement was finalised, with Mr Justice David Clarke approving a deal that guarantees Zoe an income designed to provide for all her needs.

Her counsel, Simeon Maskrey QC, said: "Zoe is unable to stand or walk and is confined to a wheelchair, has no useful speech and communicates with head movements.

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"She will never be independent and will require care and support for the rest of her life."

Back home in Kewhurst Avenue, Jean gave her reaction to the Observer: "It is finally all over - no more trips to London.

"This is for the rest of her life, that she is cared for. Financially it means she can stay in the house and look after herself, without having to go to a residential home."

"It was for her. I have done it for her, for when I am not here, so she is financially secure to care for herself for the rest of her life."

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As part of her settlement, Zoe's finances will be handled by her official receiver, while a case manager deals with the package of carers and any problems of daily life.

"I am just here as her mum," said Jean, "and I will back her whatever. I will always be there for her."

News of the final settlement has brought with it unwanted attention, according to Jean.

"I don't like the intrusion - I don't particularly like other people knowing my business.

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"I know it will help other people, but that doesn't help me to be in the public eye."

She is "pleased" with the settlement and relieved that the case is now resolved.

"Zoe has been through every step on the way. Every meeting that we have had to go to, she has come with me. After all, it was about her, so she needed to.

"But there is nothing wrong with her mentally - it is physically that she has a problem."

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In 1973, Jean became pregnant with Zoe, who has an older brother, and was given a delivery date for the birth of February 20 1974.

However, two weeks before the due date, she was admitted to hospital where a CT scan revealed abnormalities in the foetal heart rate.

Zoe was born early and suffered oxygen starvation to her brain immediately prior to delivery.

She is confined to a wheelchair, and "needs everything done for her."

Jean said: "I call it 'total care'."

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At present Zoe has four carers, and there is cover overnight.

Jean herself is still "up and down during the night", but adds: "It's not so much these days...but you can't get out of old habits."

Asked if there is residual anger, Jean commented: "I would love for it not to have been me. But you can't live with that, you get on with the job."

"I supposed life is going to change a little bit now because we haven't got that stress now of going to London and meeting all these people.

"She can get on with her life."

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"But everybody has been very good, very helpful. We have never had any bad feeling or anything. I think they have all worked for Zoe.

"Even on Monday we were late getting to the court, and thought that we had missed it. But Simeon, the barrister, he got it put back for half an hour so we could be there. We got lost in London..."

The family moved to Bexhill from South Shields in 1989 - Jean was born here and was a pupil at the Down.

"I love Bexhill. I liked it up north and would have gone back, but Zoe wanted to be here."

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A shared sense of humour is evident between the two who are obviously very close.

They go on trips together to places like Monkey World and Redwings horse sanctuary, and enjoy the company of Chuchi, their three year old "devil" dog.

Zoe is a keen fan of music and Cliff Richard in particular - she has booked to see him perform in November.

"She likes hunky men...Tom Cruise was on the other night, and Grant out of Eastenders - she thinks he is hunky too."

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With part of the settlement cash, the family have now moved to a specially-adapted home at Little Common, more suitable to Zoe's needs.

With the final settlement terms now agreed, Zoe and her family can now get on with their lives after 32 long years of struggle.

The settlement is structured into a 2.9 million lump sum, plus "periodical payments" which will bring the total to 5,000,000.

Mr Maskrey said 1.7 million of the lump sum would be invested to provide a steady income for Zoe, who will never work as a result of her disabilities.

Mr Justice Clarke approved the deal and told Mrs Blair, who sat with Zoe at the side of the court throughout the hearing: "I wish you and Zoe the very best for the future."