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"On another tangent the £7.5M damages payment is the massive issue here.Should a brain injury child (the usual big NHS claim) get £XXM damages to care for them but a child who with a similar injury who was just unlucky have to make do with local authority care package."

Yes. In exactly the same way, a person whose car is written off by somebody else's negligence should have their car replaced by that person, whereas the person whose car was written off by the fault of no person should have to make do without. These are very basic, very ancient principles.