Damages trial to go ahead

A £5 MILLION damages claim over a woman's birth almost 30 years ago is to continue after a judge ruled there had not been "inordinate" delay.

Donna Ferguson has cerebral palsy and was almost 20 before her mother discovered that her condition could have been caused by a midwife.

At the Court of Session in Edinburgh, Lady Clark dismissed Lothian Health Board claims that a trial so long after the event would be unfair, and ruled that the claim should proceed.

The court was told that Ms Ferguson, of Livingston, West Lothian, was born on 18 July, 1980, by emergency Caesarean section. She has been, and will continue to be, incapable of looking after herself. Her mother, Teresa Ferguson, was unaware of any potential right to take action until talking with a Labour councillor in 1999.