non-accidental child brain injury

Non-accidental Child Brain Injury

A child from Barnsley sustained severe non-accidental injuries at just a few months old as a result of an assault by her mother.  As a result of the serious brain injury she suffered, she is now wheelchair bound, suffers from cerebral palsy and requires tube-feeding and 24 hour support for her daily needs. 

Now aged 18, she is being cared for at home by her long-term foster parents.

She is entitled to a Criminal Injuries Compensation award in respect of her injuries and the life-long consequences of the same.  An application was made on her behalf a number of years ago by the Legal Services Department of the Local Authority who had a Care Order for her at that time.

In August 2011, a Barrister assisting the Local Authority with the case recommended that Kate Petchey, Specialist Child Brain Injury Solicitor at Irwin Mitchell, take over conduct of the claim.  The Local Authority recognised Kate’s expertise in dealing with these types of “shaken baby” claims and agreed to Irwin Mitchell assuming conduct of the claim on her behalf.  They welcomed Kate’s guidance and assistance at this crucial period of the claim.

Kate has now taken over conduct of her case, after working closely with the Local Authority and her foster mother during a careful and sensitively handled handover process.

Since taking over her case, 3 specialist medical experts have been instructed to provide reports in support of her claim.  A set of Directions have been agreed with the Criminal Injuries Compensation Authority Tribunal to ensure the claim is progressed at an appropriate rate.  The specialist Trust department at Irwin Mitchell are involved in setting up an appropriate Trust for her to ensure her compensation is properly safeguarded and spent in her best interests.  An interim payment has recently been requested to help fund the purchase of a powered wheelchair to assist her foster mother to mobilise her in the community.

Over the coming months, Irwin Mitchell will be working to ensure that the appropriate evidence is obtained from specialists in order to maximise her final award and thereby provide her with the care and support she requires throughout the rest of her life.

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