Landmark Interim Payment Secured for Child with Catastrophic Birth Injury

Fletchers Solicitors has secured an overall interim payment of more than £5 million on behalf of a young child who sustained catastrophic injuries due to mismanagement at birth.

This is to ensure that our client and his family have access to the vital care, therapies, and support they need while the case continues. This outcome represents a vital step in ensuring that he and his family have access to the support, adaptations, and therapies they need — not only now, but as his future needs develop. The claim itself will not conclude for several years, but this judgment provides the security and stability required in the meantime.

A life profoundly affected

As a result of the mismanagement during his birth, our client sustained catastrophic hypoxic ischemic encephalopathy – a serious brain injury caused by a lack of oxygen and blood flow to the brain. Since our client’s birth, there have been lots of challenges which he and the family have endured including prolonged and several hospital admissions, several surgical input and long periods of clinical instability. He now lives with dystonic cerebral palsy and faces complex physical, communication, and learning challenges.

Our client has no independent mobility or communication and requires 24/7, two-to-one nursing care alongside a support worker. He also suffers from severe visual impairment and is registered blind. He is fed via a permanent feeding tube which requires frequent deep suctioning due to upper airway secretions, and lives with significant respiratory and gastrointestinal difficulties.

Despite these challenges, he’s described by the family as a happy child who is very resilient and overcomes even the most difficult of challenges. A large part of that comes from the love and support of the family as well as the 24/7 care and intensive therapy and input he has which has now allowed our client to enjoy a period of clinical stability and look towards the future with hope. Our client has and will continue to participate in intensive therapy, access to education and social settings with the help of the intensive care and case management package in place. He loves music, enjoys listening to the voices of his parents and sibling, and loves spending time in the water.

Securing vital support

Parbeen Alamgir, a Partner in the Birth Injury team at Fletchers, obtained a full admission of liability when the child was under the age of two. Since then, we have worked tirelessly to secure interim damages to ensure that our client’s needs can be met without delay. To date, our client has received in excess of £5 million in interim payments.

The interim payment will allow for the current care and case management package to continue, it will allow for aids/therapies and for the purchase of a suitable property for our young client. This outcome represents a vital step in ensuring that our client and our client’s family have access to the support, adaptations, and therapies they need -not only now, but as our client’s future needs develop. The claim itself will not conclude for several years, but this judgment provides the security and stability required in the meantime.

So far, interim funds have enabled the implementation of:

• A comprehensive nursing and care package
• Case management support
• Regular therapies by multiple disciplines
• Wheelchair-accessible vehicles
• Specialist aids and equipment
• The rental and suitable adaptations for our client

The latest award of £3 million will make a profound difference to our client’s quality of life, ensuring he has a safe and supportive environment tailored to our client’s needs.

A multi-disciplinary effort

This outcome was achieved thanks to collaboration across a wide range of disciplines, including care experts, case management, multiple therapists, neurology, accommodation, immigration, and the expertise of our own Private Client team.

The latest hearing was vigorously contested, making the result even more significant for the family.

Parbeen Alamgir, Partner in our Birth Injury team, commented:

“This is an extremely complex case involving a very young child with profound disabilities. I have been supporting my client and his family since they were a baby. After securing an early admission of liability, I worked to ensure interim payments could be obtained to fund essential care and therapies. There have been many contested interim payment application hearings which have been very difficult for the family, adding to their distress and worries. Without this support, the progress made so far simply would not have been possible.

Despite the many challenges, my client is a very happy child who enjoys the company of family. This most recent award will allow his family to create a suitable home environment, tailored to his needs, and provide the stability and resources required for him to benefit fully from the care package and therapies.

It is truly a privilege to support the entire family on this journey, and I am delighted with this outcome at such a crucial stage of the case.”

Charlotte Hardie, Solicitor in our Private Client team, commented:

“It has been a privilege to join the team working on this very complex case and to help secure and manage the funds needed to improve our client’s quality of life.

When I started working on this case, it was clear from the outset what a close knit and loving family the client was a part of. Despite this though, I could see how it was a struggle for them and the care and therapy teams to try and meet his needs in their current environment; a rental property that was just not suitable for his complex condition. It was obvious that the best thing for the client would be for a property to be bought for him so that there could be flexibility and freedom to adapt it in a way that was just right for him and his needs.

Working with my colleague, Parbeen, the family and the team of experts to secure funds to allow this has resulted in one of the most rewarding outcomes of my career so far. I’m excited to continue to work with the team to make the family’s dreams of a suitable forever home for the client a reality”

The family of our client commented:

“The recent court judgment for our child has been nothing short of life changing moment. Thanks to the incredible support from Fletchers, this decision has given our family more than just financial compensation- it has given us hope, stability, and the chance to rebuild our lives. We can now secure a permanent, adapted home for our child, tailored to our child’s needs. As parents, the mental relief of knowing we don’t have to move again is profound.

Parbeen has been a pillar of strength throughout this journey. She didn’t just represent us legally – she truly understood our child and made sure that our child’s voice was heard in court. Her dedication ensured that our child’s rights were protected, and our client’s needs acknowledged. It’s a powerful affirmation that even when facing large institutions like the NHS Trust, justice is possible with the right support.

This process has been emotionally draining but Parbeen and her team’s guidance and compassion helped us navigate every step. She kept our spirits up and made the complex legal system feel less overwhelming.

This judgment is a turning point in our lives, it marks the beginning of healing for our family and a more secure, hopeful future for our child. We are deeply grateful”.

Leading counsel Mr Christopher Melton KC commented:

“This case demonstrates that it is entirely realistic, in the right circumstances and with the right evidence, to secure a very significant interim payment to enable the purchase of a suitable property, even when trial may be many years away. The solicitor, case manager and deputy worked tirelessly over many months, gathering evidence and preparing for the contested hearing. Their collaborative approach and meticulous preparation ensured the best possible outcome for the client and his family.”

Looking ahead

While the final settlement is still several years away, this interim award represents a vital lifeline for our client and their family. It ensures that our child’s immediate and ongoing needs are met, while long-term planning continues with input from a wide range of medical and care experts. We are proud to stand alongside the family as their legal representatives and will continue to fight for the resources they need – now and in the future.