£17 million pounds in cerebral palsy compensation secured

Partner and Head of Birth Injury Sahida Patel has secured approximately £17 million pounds for a child who suffers with cerebral palsy. 

The facts 

Our client was born on 4 November 2006 and suffered grade 1 hypoxic ischemic encephalopathy (HIE) resulting in permanent brain injury.  

Our case was that there were failures by the Midwife in not properly examining our client’s mother, negligently performing an artificial rupture of membranes, failing to check the foetal heart rate regularly and failing to deal with a prolapsed umbilical cord which was unnecessarily compressed. It was also alleged there were delays before steps were taken to deliver which caused A to suffer irreversible brain damage.  

Our investigation 

Sahida obtained expert evidence in the fields of obstetrics and gynaecology, midwifery, neuroradiology and paediatric neurology and it became apparent that the midwifery and obstetric care which A and his mother had received was negligent and fell below reasonably acceptable standards. 

A Letter of Claim (setting out the allegations of sub-standard care) was served on the defendant trust and liability was subsequently admitted. 

Settlement 

Following the defendant’s admission of liability, the claim proceeded on a quantum only basis, where steps were taken to investigate the extent of our client’s current and future disabilities and needs in order to assess how much compensation they should receive. 

Our experts obtained expert evidence in the fields of: 

• Paediatric Neurology/paediatrics 

• Clinical Neuropsychology 

• Educational Psychology 

• Care/Case Management 

• Physiotherapy 

• Speech and Language 

• Occupational Therapy 

• Assistive Technology 

• Accommodation 

• Deputyship/Court of Protection 

A trial to deal with the quantum issues was initially listed to take place later in the year, however, the claim successfully settled prior to this at a Joint Settlement Meeting with the Defendant. 

On a capitalised basis, our client recovered approximately £17 million pounds in compensation. 

The financial settlement secured includes a lump sum payment and annual periodical payments to cover the cost of our client’s life-long care and case management needs. The annual payments start at £140,000, increasing to £165,000 when our client reaches age 18. 

How we can help you 

Our medical negligence solicitors are experts in their field with a wide range of experience. Fletchers Solicitors regularly investigate and settle complex cerebral palsy and birth injury cases. If you believe you or your child has suffered a birth injury or cerebral palsy through medical negligence, speak to one of our experts today, to find out if you have a claim.