AN eight-year-old girl facing a lifetime of acute disability after suffering a stroke while still in her mother's womb has won a top judge's sympathy - but not a penny compensation.

Mrs Justice Swift refused to award Amelia Kate Garcia damages - even though NHS lawyers admitted she should have been delivered more than a full day before she was.

Amelia was born at Burnley General Hospital - where her mother Paula worked as a staff nurse on the gynaecological ward - on August 8 1998, London's High Court heard.

The Burnley youngster has since been stricken by acute left-side paralysis, epilepsy and learning difficulties.

Had she won her case, Amelia would have been due substantial compensation.

Millions of pounds have been awarded in similar cases.

Mrs Justice Swift said the hospital's manager, East Lancashire Hospitals NHS Trust, had "admitted that it was in breach of duty in failing to deliver Amelia some 26 hours before she was actually delivered".

But the judge went on to deal Amelia and her family a hammer blow when she ruled that that delay had not been the "cause" of the intra-uterine stroke she suffered in the hours before her birth.

On "the balance of probabilities", the judge ruled that the stroke had struck down Amelia more than 26 hours before her emergency Caesarean delivery - and the NHS Trust could therefore not be blamed for her injuries.

Mrs Justice Swift concluded: "I am well aware that my judgement will come as a dreadful disappointment to Amelia's family, who care for her so devotedly.

"It must seem puzzling to them that a delay in delivering Amelia of as much as 26 hours can be found not to have caused the damage.

"I just hope that they will understand the reasoning behind my decision.

"I hope also they will be able to take some comfort in the future from the knowledge that they have done all that they could to secure Amelia's interests by bringing this action and pursuing it to its conclusion.

"It is not through any fault on their part that it has failed."

Lynn Wissett, director of clinical care for ELHT said: "Following Amelia Garcia's birth on August 8 1998 a thorough investigation into the circumstances surrounding her birth took place.

"Following these investigations it was acknowledged that there had been a delay in Amelia's delivery and an apology for that was made to the Garcia family prior to the issue of court proceedings.

"The investigation also established that the delay did not cause any injury or harm to Amelia and it was on that basis that the claim was defended.

"The decision has confirmed that the delay did not cause any harm to Amelia."