NSW: Cerebral palsy sufferer loses $2m off compo payout

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NSW: Cerebral palsy sufferer loses $2m off compo payout

By Sheree Went

SYDNEY, April 7 AAP - A Sydney woman severely brain damaged in a botched forceps deliverytoday had her $14.2 million payout cut by about $3 million following an appeal by herdoctor.

Calandre Simpson, 23, was born by emergency caesarian section after at least five failedattempts using three different types of forceps over a 15 to 20-minute delivery period.

She will now receive nearly $11 million after her obstetrician Dr Robert Diamond admittedhis negligence left her severely disabled with cerebral palsy.

The decision comes days after Bondi Beach swimmer, Guy Swain, who became a quadriplegicafter diving into a sand bank, had his $3.75 million payout stripped from him on appeal.

It also coincides with intensifying pressures on medical insurers to meet medical negligencepayouts with the federal government bailing out Australia's biggest medical insurer, UnitedMedical Protection (UMP), after it went into provisional liquidation.

Last year Ms Simpson was awarded the controversial payout, which was later appealedon the grounds of its size.

The full bench of the NSW Supreme Court of Appeal today upheld the appeal reducingthe payout by $3.3 million.

Chief Judge in Equity, Justice Peter Young, Justice Paul Stein and Justice David Ippcut the money set aside for Ms Simpson's future attendant care from $6.5 million to $4.9million.

This was on the grounds Ms Simpson had been provided with a care manager, meaning therewas no requirement for managed care.

"The Court of Appeal considered the effect of this reduction on the provision of acase manager, and increased the amount to be awarded for a case manager by $180,906,"

they wrote in their judgment.

They also found unreasonable costs had been applied to the building modification costsof Ms Simpson's parents' properties in Sydney's Vaucluse and Palm Beach.

It was also found Ms Simpson should not receive compensation for services that werebeing provided by the Spastic Centre of NSW free of charge.

"The services provided by the Spastic Centre constitute subventions given out of benevolencewith the intention that no payment was to be made for them by the first respondent (MsSimpson)," they said.

Speaking outside court, Ms Simpson's family said they would not comment until courtcosts were determined on Wednesday.

AAP swe/nf/mg/br

KEYWORD: SIMPSON NIGHTLEAD