By Alan Barnes

A Toronto judge has approved a $6 million minimum settlement for a 4-year-old boy born with cerebral palsy who needs 24-hour care for the rest of his life.

Mr. Justice David Lissaman of Ontario Court, general division, ordered Dr. Lincoln Hew, an obstetrician at York-Finch General Hospital, to pay yearly allowances to Damian Perez.

The settlement was reached prior to a civil trial without any admittance of liability by Hew, said Richard Sommers, whose firm represented Damian's parents.

Hew could not be reached for comment last night.

Jorge and Ivette Perez had brought action for damages against Hew, the hospital and some of the staff.

Lissaman dismissed the actions against everyone but Hew, said Sommers.

He said the settlement, which could reach $9 million if the boy lives to 50 years, was one of the largest for such a personal injury case.

Sommers said the biggest was the $20 million award he won last year for the Toronto parents of a son with cerebral palsy.

"I'm very happy with the settlement," said Ivette Perez. "But no money in the world will bring back my baby.

"But I have the peace of mind" that Damian will get the care he needs and maybe the equipment to help him walk some day, she said.

Damian cannot talk or walk, can't eat solid foods and is unable to control his bodily functions, Sommers said, adding the boy will never improve.

Perez gave birth to Damian on Oct. 14, 1989, 19 days after the due date, but only after the insistence of her and her husband that something be done, Sommers said.

He said the baby was born "blue and not breathing."

"He required resuscitation and oxygen and was transferred to the Hospital for Sick Children for emergency attention," Sommers said.

"The brain damage the baby sustained will not improve and will be life-long. The child will be dependent on others and in need of supervised care for the balance of his life."

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