A FAMILY who were suing three health authorities for £5m have settled their claim out of court for "very modest" damages.

Krister Hubbard, now 25, of Bristow Road, Bexleyheath, her brother Michael, 14, of Maiden Lane, Crayford, and their half-sister Anne Read, of Sara House, Larner Road, Erith, were suing the health authorities for negligence in the High Court.

The three were originally diagnosed as suffering from cerebral palsy but years later it was discovered that in fact they had Dopa-responsive Dystonia, a condition treatable with drugs.

Lord Brennan QC who represented them said the three had agreed to an out-of-court settlement because "on the issue of liability, there was little prospect of establishing a breach of duty before 1988 at the earliest".

He told the judge the case involved a "catalogue of missed opportunities" to treat the three.

He said James had made quite a "miraculous recovery" when treated with the drug at the age of seven.

Miss Read, now 29, made a complete recovery at the age of 22.

But by the time Krister was treated, she had already undergone major orthopaedic surgery.

Although her condition improved profoundly after drug treatment, she is disabled and in a wheelchair.

Krister and James had developed severe loss of motor function within a year of their birth.

Anne's started when she was about eight.

Robert Seabrook, representing West Kent, Lambeth Southwark and Lewisham and Greenwich and Bexley health authorities said the settlement was "without any admission of liability at all".

The amount of their damages will not be made public.

December 4, 2001 11:54