We represented a client who sustained a hypoxic brain injury at birth. She was born at Wordsley Hospital in Dudley, West Midlands, in 1993. The claim arose from negligent care in the management of labour, in particular excessive use of Syntocinon. As a result of the defendant’s negligence, our client was deprived of oxygen shortly before she was born, which caused a brain injury. She developed ataxic/dystonic cerebral palsy as a result. She also developed obsessive compulsive disorder (OCD) and modest cognitive weaknesses. Despite this, our client has achieved a First Class BA (Hons) degree and a First Class Masters.
We took on the case close to the statutory limitation deadline (her 21st birthday). We rapidly secured the Defendant’s agreement to a moratorium (essentially an extension of the deadline), which allowed time to gather evidence and build the case.
We obtained independent expert evidence from 15 different experts, across a variety of disciplines, including medicine, therapy, disability architecture and others. We involved a leading clinical negligence barrister.
We secured an early admission of liability and had judgment entered, which allowed us to focus on compensation and getting the best settlement outcome for her.
We secured an out of court settlement for our client. This was split into a multi-million pound lump sum and additional annual payments of compensation for the rest of her life. This enables her to use the lump sum immediately to buy her own home, set up a care package of her choosing etc. It also gives her the security of having instalments to pay for ongoing costs for life.
Our specialist in the personal planning team also helped our client with a Will, Lasting Power of Attorney and a Special Needs Trust.
Our work identified historical failures in maternity care, especially the way in which the Syntocinon drug was administered. Even though 20 years had passed since the events giving rise to the claim by the time we were involved, by bringing a claim these failures were recognised and improvements could be made for the care of other mothers and babies in the future. Without our client bringing her claim, these errors might never have been found.
The settlement has given our client financial security for the rest of her life. She now has the means to engage therapists and other professionals to maximise her independence and quality of life. This will alleviate pressure on the social care system as she can pay privately for support that she decides is right for her.
