Girl gets $6.4-million for botched
delivery at Nanaimo General
Now living in U.S., seven-year-old suffered brain damage at birth
BY KEITH FRASER
CanWest News Service
A seven-year-old girl has won a projected $6.4 million US in damages after a botched delivery at Nanaimo Regional General Hospital left her severely disabled.
Sidney Strachan was born May 19, 1997, but things went seriously awry during the labour and delivery, according to the B.C. Supreme Court.
The girl now suffers from cerebral palsy, vision impairment, severe feet and leg deformities, and epilepsy with grand-mal seizures.
She can speak only with basic sounds. Brain damage has reduced her cognitive powers.
Her parents, Clifford and Holly Strachan, who now live in Utah, sued the hospital, the nurses and doctors involved, alleging a breach in the standard of care.
By the time of the trial in February last year, some of the defendants had admitted liability. The Strachans subsequently reached a settlement with the hospital and some defendants.
In December, a public trustee recommended a settlement. B.C. Supreme Court Justice Malcolm Macaulay confirmed the details Monday.
Under the agreement, Sidney will receive payments of $9,170 US per month starting immediately for the rest of her life, with a guarantee for 35 years, amounting to $3,851,400 US.
If she lives as long as the most optimistic life expectancy projection suggests, she stands to collect $6,382,320 US….
Irene Faulkner, the family's lawyer, said the parents were "very pleased" with the ruling and can now move on and get Sidney the care she needs. "I think it's a very good resolution for this family, this child."
Most of the award will be made up of income loss and future care needs, said Faulkner.
"It goes to things like physiotherapy, speech language therapy, wheelchairs, mobility aids."
Two doctors involved were found liable; two others had the case against them dismissed. Four nurses were found liable but one had her case dismissed.
TIMES COLONIST
Tuesday, January 25, 2005
