Posted on 11 Sep 2020
An 11-year-old boy who suffered severe, and life-long brain injuries after his birth went horribly wrong has won his case against Bentley Hospital.
The Full Court of the Supreme Court of Western Australia today found Bentley Hospital to be negligent after Cooper Ellis, 11, suffered permanent and widespread developmental and cognitive impairments during birth.
The finding comes after the hospital appealed the District Court trial judge’s March 2018 decision which found the same.
Principal Lawyer Jeffrey Potter said that with the assistance of his parents, Cooper first brought a claim against the Hospital in 2009 alleging his brain injury was caused by the traumatic circumstances of his birth.
These circumstances included multiple attempts at delivery by vacuum extraction and forceps.
“Cooper was not breathing, and he was not moving when he was born; he had suffered periods without oxygen during the birth process,” Mr Potter said.
“Cooper’s case was very strongly defended by the Hospital, both at trial and on appeal.
“The District Court judge found the injuries to have been caused by the negligence, and today the Full Court has upheld that finding.
“Slater and Gordon was instructed to represent Cooper in 2009 and is pleased to have been able to assist Cooper and his family to succeed with this complex case.”
Mr Potter said Cooper’s parents were relieved the long and hard-fought battle against the hospital was finally over, and that they could now focus on their son’s ongoing care.
The Court awarded Cooper the sum of $5.2 million, which will ensure he has the ongoing support and care that he will need for the rest of his life.