Our client, ‘A’, who was born in 2005, brought a claim against a hospital trust for having caused her to sustain a brain injury due to compromised oxygen supply and delay in her delivery.
A was diagnosed with Cerebral Palsy with a slight effect to both her lower limbs and one of her upper limbs. She can walk around the home and short distances without the aid of a wheelchair and manages with only very limited assistance with her personal healthcare needs. A attended a mainstream primary school, but due to her cognitive difficulties couldn’t sustain a place in mainstream secondary school. A will require support and assistance for the remainder of a lifetime. According to expert opinion, she will not be able to seek and obtain employment or live independently due to her vulnerability.
What did we do?
Following our instruction, we obtained independent obstetric expert opinion and the opinion of a paediatric neurologist as to the cause of A’s brain injury. Following court proceedings being issued and served and after protracted discussions with the Defendant NHS Trust there was finally an admission of partial liability. The terms of the admission being that A would recover damages for 100% of her future care and case management needs and future medical treatment and therapies. In respect of the remainder of the heads of loss including loss of earnings, financial deputyship, accommodation and general damages, the Defendant offered 93.5% on the basis that it could not be determined that A would not have had some disability giving rise to some needs even if there had not been negligence at the time of the management of her birth.
Following the admission of liability, we applied for a substantial interim payment, which allowed for suitable accommodation for A and her family to live, the appointment of a case manager and a multi-disciplinary team including physiotherapy, psychology and speech and language therapy all to maximise A’s abilities and potential whilst she was a young child. This introduction of the team with the aid of the interim payment secured a place for A at conductive education, which is based on human potential and what someone can do rather than what they can’t, helping people to get the most out of their abilities.
The claim, at our request, was adjourned to allow for time for A to develop with age and experience. This, in turn, allowed the experts to give a more accurate prediction of A’s prognosis when preparing their final reports and us a better ability to value the claim.
A round table meeting took place to narrow the issues between the parties before a trial and to attempt a settlement – which was achieved. Myself, counsel and A’s mother, together with the case manager, attended the round table meeting with the Defendant solicitors, counsel and representatives of the NHS Resolution and Defendant NHS Trust also present. Following lengthy negotiations terms of settlement were agreed, to avoid a trial, in the form of a lump sum of £4.9 million and annual payments for the remainder of A’s lifetime of £105,000 care and case management to age 21 and rising to £150,000 beyond age 21 and financial deputyship costs of £13,500. Both annual payments will be reviewed each year and inflation adjustments made.
How did we add value?
This was a highly complex case where a young vulnerable child will require considerable support for the remainder of her lifetime. She will always remain vulnerable. A is a very happy child described by the professionals involved with the case as a young lady with a happy personality, attractive and personable. This gives rise because of her vulnerability due to the brain injury to the risks of not being able to self-regulate her behaviour or impulsive decision making. The settlement will provide A with the support and protection of professionals around her throughout her lifetime. Additionally, the settlement provides A’s mother with reassurance and security that her daughter will remain safeguarded. A will have both a buddy and a support worker when she is out and about, a psychologist as part of her multi-disciplinary team and a financial deputy to aid her in the future to ensure the money is used and spent in her best interests as well as taking her wishes and feelings into account. Due to the substantial interim payment early in the proceedings, we were able to support A by appointing one of our financial deputies from our Court of Protection team.
Further Information
This case was handled by Sarah Huntbach, Senior Associate, assisted by junior members of the team within the Personal Injury and Clinical Negligence Department.
To find out more about how we can provide support for birth injury negligence claims, please contact Sarah Huntbach or take a look at our general medical negligence pages.
