Leo Whiten

A “very engaging” little boy left with profound disabilities as a result of medical negligence during his birth has been awarded a compensation package worth around £6.6 million.

Leo Whiten, now aged seven, suffered severe brain damage when he was delivered at London’s St George’s Hospital in June 2004, resulting in “catastrophic injuries”.

At the High Court, Mrs Justice Swift, who assessed the various sums to be paid to Leo, said: “Despite his profound disabilities, it is clear that he is a very engaging and generally happy child who is socially aware and thoroughly enjoys the company and attention of adults and other children.”

Leo, of Tooting, south-west London, claimed damages against the St George’s Healthcare NHS Trust for personal injury and financial losses sustained as a result of the negligent management of his mother’s labour and his birth.

Breach of duty was admitted in September 2005, said the judge, and in March 2006 “the defendant further admitted that its breach of duty had caused the claimant’s injury”.

Leo was the first child of Simon Whiten, now aged 42, and insurance data analyst Samantha Nowell, now 33. Mr Whiten was the group commercial manager for the trade newspaper The Publican and now runs a “dotcom” business from home.

Mrs Justice Swift, giving her ruling in London, said the experts agreed that Leo “will always be totally dependant on the care of others for all his daily activities”.

She added: “He will never be able to live independently, will not be capable of any form of employment and will never have the necessary mental capacity to be able to manage his own affairs.”

Leo has limited mobility and cannot stand or walk unaided. He can vocalise, but has no “functional speech”.

The award includes a lump sum of £2.7 million, while most of the damages will be in the form of annual payments to ensure care for Leo for the rest of his life.