Expert Lawyers Secure Justice For Girl Brain Damaged At Birth

A mum-of-two has told how her daughter who suffers from cerebral palsy will finally get access to the care and support she needs, after the Hospital Trust responsible agreed a lifetime care and rehabilitation package approved at the High Court today (7 November).

Olivia Banks, now 15, from Parkfields in Wolverhampton was diagnosed with cerebral palsy following complications during her birth at the New Cross Hospital in Wolverhampton in September 1998.

Her devastated mum, Marlene, 52, enlisted the help of medical law and patient’s rights experts at Irwin Mitchell, who have now secured a settlement worth over £6.5 million from Royal Wolverhampton Hospitals NHS Trust. It will see Olivia provided with the funds for the lifetime of care and rehabilitation she needs.

It follows an agreement on liability reached with  the Trust in March last year, and the funds will now be managed by Irwin Mitchell’s in-house Court of Protection team.

Olivia was diagnosed with cerebral palsy just before her first birthday after her parents Marlene and Keith, noticed she wasn’t developing as quickly as her older sister.

Marlene had noticed Olivia’s movement was limited before she was born, and she suffered a complicated birth when the umbilical cord became wrapped around her neck and she was delivered blue and not breathing.

She now attends a specialist nearby school five days a week but is unable to walk unaided and will require 24 hour care for the rest of her life.

Laura Ralfe, a medical law expert at Irwin Mitchell’s Birmingham office is representing the family. She said: “The Royal Wolverhampton NHS Hospital Trust has worked with us to settle this case and we are pleased Olivia now has funds for the lifetime of support and care she needs.

“This will pay for mobility aids, any adaptations to the home should her condition worsen, and the external care that she requires as her parents cannot care for her day and night.

“Olivia’s family have shown tremendous love and dedication in ensuring she has the best quality of life possible but we hope the settlement now gives them peace of mind that whatever the future holds, Olivia will be given the best possible care.”

Marlene, a former teaching assistant, said: “We are pleased the hospital Trust has come to an agreement that means Olivia has access to the funds she desperately needs to help her live as full a life as possible.

“She is a very active girl and always likes to be doing something, but her mobility is limited and she needs a support walker.

“She has limited communication skills and she’s being taught sign language, but she understandably gets very frustrated when she’s not understood. I’ve now been advised that I should make her wear a helmet to protect her from injuring herself.

“Olivia did not have an easy childhood and we don’t know what the future will hold for her, but we hope with support and access to the specialist services the funds will now provide, she can start to enjoy life more.”

Read more about Irwin Mitchell's expertise relating to Cerebral Palsy claims