£12million settlement for boy who was left severely disabled during birth

A High Court judge has approved a £12 million compensation agreement for a seven-year-old boy left severely disabled after an abnormal heartbeat was not "acted upon" during his birth, lawyers said.

Toby Hart, of Bedale, North Yorkshire, will need 24-hour care for the rest of his life, Mrs Justice Nicola Davies was today told at a High Court hearing in London.

The judge gave her backing to a settlement - which included a £2 million lump sum and annual payments of nearly £500,000 - agreed between lawyers representing Toby's parents, Michelle and Matthew Hart, and a hospital trust.

Mr and Mrs Hart later said they hoped that the NHS would invest in better midwife training.

Law firm Irwin Mitchell, which represented Mr and Mrs Hart, said in a statement after today's hearing that problems had arisen during Toby's birth at Friarage Hospital in Northallerton, North Yorkshire, in October 2006.

Lawyers said his abnormal heartbeat "was not acted upon" and he was born 25 minutes later than he should have been. The delay starved his brain of oxygen, leaving him severely disabled. They said a settlement had been agreed with the South Tees Hospitals NHS Foundation Trust.

Angela Kirtley, a specialist medical negligence lawyer at Irwin Mitchell, said Toby's parents had been "incredibly resilient".

Irwin Mitchell say the fee is the largest annual payout ever agreed and that it will be managed to ensure it lasts for the length of time it is supposed to.