A COUPLE have won a settlement of more than £2million from Basingstoke hospital after their daughter inherited a genetic disorder which has left her severely disabled.

A clerical blunder by staff at the hospital meant that Nicola and Patrick Dale were not informed that Mrs Dale was a carrier of the very rare disorder before she became pregnant.

This inherited chromosome disorder subsequently led to their daughter, Brittany, developing severe disabilities.

Mrs Dale, of Rubens Close, Black Dam, Basingstoke, made a clinical negligence claim against the North Hampshire Hospitals NHS Trust - which runs Basingstoke hospital - for the seven-figure sum, which she claims she and her family need for the additional cost of bringing up a disabled child, over and above the normal cost of raising a daughter.

As a result of the rare chromosome disorder, Brittany - who is now five - has been left severely disabled, with restricted mobility and learning and communication difficulties.

"I don't know what I would have done if I had known that Brittany would be severely disabled before she was born, but I would have liked to have had that choice," said Mrs Dale.

Mrs Dale, 34, and her 35-year-old husband, who have three other children, did not know anything about the chromosome disorder until six months after Brittany was born, despite tests done years before which suggested that her mum may be a carrier.

These tests were carried out on the couple's first baby, Brandon, who was born in July 1995 at 20 weeks after a scan showed he had a serious heart defect and would not survive. Mrs Dale chose to give birth to Brandon, who was stillborn.

A post-mortem examination was performed on Brandon, but the couple never saw any results. They were simply told that he had a heart defect which was a "fluke of nature".

The couple went on to have two more children after Brandon - Rhiannon, now nine, and Kayleigh, eight, who are both healthy.

However, when Brittany was born, in July 2000, it was discovered that she had a hole in her heart. Brittany suffered no other health problems until she was about six months old, when Mrs Dale noticed that she wasn't developing properly.

"She wasn't sitting up or holding her head up herself, so I took her to the hospital," said Mrs Dale.

Mr and Mrs Dale were then told that Brittany had a very rare chromosome disorder which resulted in her developing a condition called global development delay.

Doctors subsequently checked Brandon's medical file and it was discovered that his heart defect was a common symptom of the same disorder.

Mrs Dale said: "I was absolutely devastated to hear this news. I really felt I was to blame as I was a carrier."

The mum recalled that she and her husband had blood tests after losing baby Brandon and Mr Dale's results came back clear. However, Mrs Dale never got her blood test results back, and she said that if she had, the disorder would have been picked up.

Mrs Dale said: "I had just lost a baby and was having so many tests that it never crossed my mind to chase up the results. I have since found out that there is no record of my blood test results."

Mr and Mrs Dale have since had their other children screened for the disorder. Rhiannon is unaffected but Kayleigh is a carrier.

Mrs Dale fell pregnant again in late 2003, but this time had her unborn baby tested for the chromosome disorder. The test came back clear and Milena was born in August 2004.

The couple started legal proceedings after speaking to staff at Basingstoke hospital about the situation relating to Brittany, and being dissatisfied with the answers they received.

Mrs Dale said: "The legal process has taken four years and life has really been at a standstill."

She explained that she is still waiting for a letter of apology that she was promised from the hospital trust.

"All we were told was that the results of Brandon's post-mortem examination were filed by a clerk and never passed on to the consultant, so the information was never passed on to me," said Mrs Dale.

Mrs Dale said she and her husband cannot work because caring for Brittany and their other children takes up all their time.

She explained: "The main reason we started this case was not just for the money, but it will enable us to care for Brittany and give her the best."

North Hampshire Hospitals NHS Trust admitted liability but there was a dispute about the amount of the claim.

Shortly before the date set for the case hearing, both parties participated in a settlement meeting.

It was finally agreed that Mrs Dale would receive the sum of £2,050,000 to cover damages and costs.

Mary Edwards, Basingstoke hospital's chief executive, said: "The trust is pleased that we have come to an agreement to resolve this claim.

"The trust would like to pass its best wishes to the family and hopes that the compensation goes some way to assist Nicola and Brittany in the future."

Mrs Dale was represented by Penningtons Solicitors, which has offices in Basingstoke, and wishes to thank them for all their help and support.

She said: "I am just very sad that this whole thing came about due to a very silly mistake that was made.

"I want the hospital to realise what an impact it has made not just on my life but on my whole family's lives.

"I hope that by sharing my story nothing like this will ever happen again."

Alison Appelboam-Meadows, a partner at the Basingstoke office of Penningtons, said: "We are pleased that a settlement has been achieved which takes into account the significant costs of bringing up a disabled child and will help provide security for Mrs Dale's daughter's future."

First published: Thursday, April 27, 2006